Requirements for drafting wills in South Carolina
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Requirements for drafting wills in South Carolina

On Behalf of | May 5, 2021 | Will |

Many South Carolina residents may understand that wills are important estate planning documents. Despite this knowledge, they may not know how to begin the process of drafting a will or what requirements are necessary to make one. When considering matters related to estate planning, it is generally a good idea for a person to consult with a legal professional who works within the estate planning field.

Like other testamentary documents, wills have their own mandates and requirements. This post will introduce some of those requirements, but readers should not rely on its contents for legal advice. The information contained herein is general and may not be a complete review of all relevant laws regarding will executions in South Carolina.

The age requirement

Not everyone can prepare and execute a will. In South Carolina, minors are prohibited from having their own wills. An individual generally must be at least 18 years of age to legally execute their last will and testament.

The soundness of mind requirement

Another requirement that can limit who may draft and execute a will is the soundness of mind requirement. A person may be of sound mind if they understand what their will includes and what it will accomplish upon their death. If a person lacks this capacity to understand the function of their will, they may be found to lack soundness of mind and be prohibited from having a will.

The witness requirement

Wills are written documents that include the identification of items of property and the individuals who will receive them up on the testators’ deaths. Once a person prepares their will, they will execute it by providing their signature. Two witnesses must also be present during the execution of the will and must sign to note the presence.

An estate planning attorney can help an individual ensure that these and other will requirements are met so that their client’s testamentary wishes are honored. Wills are useful estate planning tools that may be drafted and prepared alongside other legal devices, such as trusts and powers of attorney. A comprehensive estate plan is a good way to protect one’s interests and assets as they consider the future.