Reviving a will in South Carolina
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Reviving a will in South Carolina

On Behalf of | Jun 24, 2022 | Will |

When a person dies, their will goes into effect only if it meets the state requirements. However, if a will is invalid in South Carolina, there is a process called revival that you could use to bring it back to life.

Understanding will revival in SC

Will revival is the process of making an invalid will valid again. In South Carolina, most wills are revoked when the testator gets married or divorced. This is because marriage and divorce both void any previous wills created. Other reasons for revocation include the will being destroyed, canceled or rewritten.

Reviving a revoked will

To revive a will in South Carolina, you must file a petition with the probate court. This petition must state why you want to revive that will and include pieces of evidence to support this claim.

For this process to be successful, you must have a copy of the original will and show that the testator followed all the proper steps when creating it and that the estate administrator properly executed it. You may also require witness testimony, affidavits, and other documents that could help your case.

After petitioning, the court will set a hearing date, where you’ll argue your claim. If they find that the will is indeed valid, they will issue an order to revive the document. This order will allow the beneficiaries of the will to receive their inheritance according to the original terms of the document.

Situations when will revival is impossible

Will revival could be impossible if it was destroyed or if there is no evidence that it ever existed. Revival may also be unfeasible if the person who created the will did so without following the proper legal steps. If this is the case, their beneficiaries may have to go through the probate process.

Reviving a will is possible in many cases. So it’s always worth trying if you believe in your loved one’s original wishes.