Will Revocation and Revival Requirements in South Carolina

At a glance

Requirements one by one

Governing law and scope

South Carolina's ordinary revocation rule is § 62-2-506, its divorce and circumstance-change rule is § 62-2-507, and revival is addressed in § 62-2-508. Section 62-1-201(53) includes a codicil and a testamentary instrument that merely revokes or revises another will within “will.”

Later will, codicil, or writing

A subsequent will can revoke the earlier will or part expressly or by inconsistency. A complete disposition of the estate presumptively replaces the earlier will; an incomplete disposition presumptively supplements it and revokes only inconsistent provisions. Clear and convincing evidence is needed to rebut either presumption.

The current Part 5 text does not state a separate harmless-error route for an informal or defectively executed revocation writing. The later instrument must operate as a will under the cited statutory route.

Physical or electronic revoking act

Section 62-2-506 lists burning, tearing, canceling, obliterating, and destroying the will or part. The act must be done with both the intent and purpose of revocation. The cited probate provisions do not create a separate electronic- record deletion or custodian procedure.

Act by another person

Another person may perform the listed act only in the testator's presence and at the testator's direction. Section 62-2-506 does not add a witness-count or quantified evidence standard for that directed act.

Partial revocation

South Carolina permits partial revocation through either method. Section 62-2-506 begins with a will “or any part thereof,” then applies both the later- will route and the listed destructive acts to that scope.

Intent, proof, and presumptions

Physical revocation requires intent and purpose. Later-will replacement and supplementation presumptions each require clear and convincing evidence to rebut. Revival after a revocatory act also uses clear and convincing evidence: affirmative proof of intent is needed to restore a wholly revoked prior will, while contrary-intent proof is needed to prevent restoration of a prior part.

The cited statutes state no separate missing-original revocation presumption. A particular absent or damaged instrument still requires applying the listed acts, intent requirements, and evidence rules.

Divorce, annulment, and other family events

South Carolina's divorce definition includes annulment, invalidity, and certain orders terminating marital property rights or confirming equitable distribution. A separate-maintenance decree that leaves the marital status in place is not enough.

Subject to contrary instrument terms, a court order, or a qualifying marital- estate contract, the trigger revokes revocable gifts, beneficiary designations, powers of appointment, and fiduciary nominations for the former spouse. The will operates as if the former spouse predeceased the decedent. Remarriage to the former spouse or nullification of the divorce or annulment revives provisions revoked solely by § 62-2-507. Other circumstance changes generally do not revoke.

Revival after a later will or revoking act

If a later will wholly revoked the earlier will and is then revoked by act, the earlier will stays revoked unless clear and convincing evidence shows intent to revive or make it effective.

If the later will revoked only part, revoking it by act restores the prior part unless clear and convincing evidence shows that the testator did not want that part to take effect. If another later will revokes the intervening will, restoration reaches only as far as the newest will's terms show revival intent.

Reexecution, republication, and codicil effect

A codicil and a testamentary instrument that merely revokes or revises another will fall within the statutory definition of will. Sections 62-2-506 to -508 do not impose a universal reexecution or republication-only formula; the specified clear-and-convincing intent and later-will-term tests control revival.

What trips people up

South Carolina does not use the same revival evidence formula for whole and partial revocation. A wholly revoked earlier will needs clear and convincing evidence in favor of revival. A partly revoked earlier will presumptively regains the affected part unless clear and convincing evidence shows the opposite intent.

The divorce trigger is also broader than a final divorce decree because certain orders ending marital property rights or confirming equitable distribution can qualify. Separate maintenance without ending the marriage does not.

Common questions

Can a South Carolina testator revoke only part by tearing or canceling it?

Yes. Section 62-2-506 applies its listed acts to a will or any part, but the required intent and purpose still must be proved.

Does separation revoke provisions for a spouse?

Not by itself. Section 62-2-507 says a separate-maintenance decree that does not terminate marital status is not a divorce for this rule.

Does destroying the newer will automatically restore the older one?

No. A wholly revoked prior will requires clear and convincing evidence of revival intent; a prior part returns by default unless clear and convincing evidence shows contrary intent.

Statutes and sources

• S.C. Code Ann. § 62-1-201(53) — includes codicils and revoking or revising instruments within “will.” Official text (accessed 2026-08-01).
• S.C. Code Ann. § 62-2-506 — later-will and destructive-act revocation, partial scope, intent, and presumptions. Official text (accessed 2026-08-01).
• S.C. Code Ann. § 62-2-507 — divorce/annulment and property-rights-order triggers, effects, exceptions, remarriage, and other circumstance changes. Official text (accessed 2026-08-01).
• S.C. Code Ann. § 62-2-508 — clear-and-convincing revival rules after an act and revival through a later will's terms. Official text (accessed 2026-08-01).