Are there witness requirements for a South Carolina will?

Wills are important state planning documents. For some people, a will might be the only document that they establish. For others, their wills create the foundation that they build upon with other paperwork. Will provide instructions about what happens with someone’s property, information about their memorial service and support for their dependent family members.

Testators in South Carolina create documents to establish a meaningful legacy and to provide support for their loved ones. Their efforts might go to waste if the courts later rule that the will is not valid and enforceable. The document must comply with state statutes.

The state imposes a witness requirement

There is plenty of incentive for people to manipulate the estate planning process or to commit fraud to gain control over someone’s resources. Therefore, the presence of witnesses is crucial to the overall validity of an estate plan.

Generally speaking, adults in South Carolina need to have two adult witnesses who are present when they actually sign the documents or hear them attest to signing the documents previously. It is often preferable to select witnesses who do not have a direct personal interest in the estate. Those witnesses can help validate that the person who signed the documents is the testator and affirm that they had appropriate testamentary capacity at that point.

Creating estate planning paperwork is a more effective process when someone understands and carefully follows state law. Learning more about South Carolina’s estate planning rules may benefit those who want to provide support for their loved ones after their passing.