Complex Will with Trust - South Carolina

LAST WILL AND TESTAMENT

and Testamentary Trust of [TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Declaration and Family Information
2. Definitions
3. Personal Representative, Trustee, and Guardian Nomination
4. Expenses, Taxes, and Gifts
5. Residuary Estate and Testamentary Trust
6. Trustee Administration
7. Digital Assets
8. Remedies and Liability Standards
9. Governing Law, Courts, and Dispute Resolution
10. General Provisions
11. Execution, Attestation, and Self-Proof

1. DECLARATION AND FAMILY INFORMATION

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], County of [COUNTY], South Carolina, declare this instrument to be my Last Will and Testament. I am of sound mind and not a minor within S.C. Code Ann. § 62-2-501.

I revoke all prior wills and codicils. Revocation of a South Carolina will is governed by S.C. Code Ann. § 62-2-506.

My marital status is [MARRIED / UNMARRIED / WIDOWED / DIVORCED]. My spouse, if any, is [SPOUSE NAME]. The persons I intend to identify as my descendants are [NAMES AND RELATIONSHIPS].

2. DEFINITIONS

“Beneficiary” means a person or organization entitled to receive property under this Will or the Trust.

“Descendants by representation” means that each living branch takes the share allocated to that branch, with a deceased member's share passing through that member's descendants.

“Personal Representative” means the executor appointed after nomination under Article 3.

“Qualified Beneficiary” has the meaning assigned by S.C. Code Ann. § 62-7-103(12).

“Residue” means all property subject to disposition by this Will that is not otherwise effectively disposed of, after payment or reservation for proper estate charges.

“Trust” means the testamentary trust created in Article 5.

“Trustee” means each initial, successor, or additional trustee serving under Article 6.

3. PERSONAL REPRESENTATIVE, TRUSTEE, AND GUARDIAN NOMINATION

3.1 Personal Representative

I nominate [PRIMARY PERSONAL REPRESENTATIVE NAME AND ADDRESS] as Personal Representative. If that person does not qualify or ceases to serve, I nominate [SUCCESSOR NAME AND ADDRESS].

Subject to this Will, applicable law, and court orders, the Personal Representative may exercise the estate-administration powers in S.C. Code Ann. § 62-3-715.

3.2 Personal-Representative Bond

I direct that a Personal Representative named in this Will serve without bond. Under S.C. Code Ann. § 62-3-603(A)(4), a named Personal Representative generally is not required to file bond unless this Will expressly requires it, subject to §§ 62-3-605 and other applicable law and to the rules for a special administrator.

3.3 Trustee and Successors

I appoint [PRIMARY TRUSTEE NAME AND ADDRESS] as initial Trustee. If that person rejects the trusteeship, cannot serve, or ceases to serve, I appoint [SUCCESSOR TRUSTEE NAME AND ADDRESS].

If no named successor can serve, an interested person may seek appropriate relief from a court with jurisdiction. Trustee removal is governed by S.C. Code Ann. § 62-7-706; this Will creates no beneficiary-majority self-help removal power or mandatory cure period that delays statutory relief. A former Trustee shall protect and deliver Trust property as required by § 62-7-707.

3.4 Guardian Nomination

If a minor child of mine requires a guardian after my death, I nominate [PRIMARY GUARDIAN NAME] and, if that person cannot serve, [ALTERNATE GUARDIAN NAME]. This provision expresses my nomination only and is subject to determination by the court having jurisdiction over the child's care and custody. S.C. Code Ann. § 62-5-201 does not give the probate court general jurisdiction over the care, custody, and control of a minor.

4. EXPENSES, TAXES, AND GIFTS

4.1 Expenses and Claims

The Personal Representative shall pay or reserve for legally enforceable debts, reasonable funeral and burial expenses, administration expenses, and other proper charges against the Estate. This direction does not validate a barred or unenforceable claim or alter a statutory priority.

4.2 Taxes

Complete one after review by South Carolina tax counsel:

☐ Death taxes attributable to property passing under this Will or otherwise shall be paid from the Residue without apportionment, to the extent this direction is enforceable.

☐ Death taxes shall be apportioned as follows: [INSERT EXPRESS METHOD].

4.3 Specific Gifts

I make the following specific gifts:

1. [DESCRIPTION OR AMOUNT] to [BENEFICIARY].
2. [DESCRIPTION OR AMOUNT] to [BENEFICIARY].
3. [DESCRIPTION OR AMOUNT] to [BENEFICIARY].

4.4 Tangible-Personal-Property List

I may leave a separate written statement or list disposing of tangible personal property under S.C. Code Ann. § 62-2-512. The list may not dispose of money or property used in a trade or business. It must be in my handwriting or signed by me and must describe the items and devisees with reasonable certainty.

4.5 Survival and Substitution for Specific Gifts

Except when this Will expressly provides otherwise, a beneficiary must survive me by 120 hours to receive a gift. If a beneficiary does not satisfy that condition, complete one disposition after attorney review:

☐ The gift passes to that beneficiary's descendants by representation.

☐ The gift passes to [ALTERNATE BENEFICIARY].

☐ The gift becomes part of the Residue.

S.C. Code Ann. § 62-2-603 supplies an anti-lapse rule for a qualifying related devisee, but subsection (C) provides that words of survivorship are sufficient contrary intent in the absence of additional evidence. The selected express disposition above is intended to control.

5. RESIDUARY ESTATE AND TESTAMENTARY TRUST

I give the Residue to the Trustee, IN TRUST, to administer and distribute under this Will. The Trust is created by this Will and is subject to the requirements in S.C. Code Ann. § 62-7-402.

5.1 Name and Beneficiaries

The Trust shall be known as “The [TESTATOR SURNAME] Testamentary Trust.” Its beneficiaries are [IDENTIFY BENEFICIARIES OR DEFINITE CLASS].

5.2 Separate Shares and Distributions

The Trustee shall establish a separate share for each [BENEFICIARY / BRANCH OF DESCENDANTS].

Before final distribution, the Trustee may distribute income or principal for a beneficiary's health, education, maintenance, and support after considering [OTHER RESOURCES / DO NOT CONSIDER OTHER RESOURCES].

Each beneficiary shall receive:

• [PERCENTAGE] at age [AGE];
• [PERCENTAGE OF REMAINDER] at age [AGE]; and
• the balance at age [AGE].

If a beneficiary dies before complete distribution, the remaining share shall pass to [BENEFICIARY'S DESCENDANTS BY REPRESENTATION / ALTERNATE BENEFICIARIES].

No Trust shall continue beyond the maximum period permitted by applicable law.

5.3 Spendthrift Provision

Each beneficiary's interest is restrained against both voluntary and involuntary transfer before receipt to the extent permitted by S.C. Code Ann. § 62-7-502. The child-support exception in § 62-7-503 and other mandatory law remain applicable.

6. TRUSTEE ADMINISTRATION

6.1 Duties and Delegation

The Trustee shall administer the Trust in good faith, in accordance with its terms and purposes and the beneficiaries' interests, as required by S.C. Code Ann. § 62-7-801. The Trustee shall act solely in the beneficiaries' interests under § 62-7-802 and with the care, skill, and caution required by § 62-7-804.

Any delegation must comply with S.C. Code Ann. § 62-7-807, including reasonable care in selecting the agent, defining the delegation, and monitoring performance.

6.2 Powers

Subject to fiduciary duties, this Will, and court orders, the Trustee may exercise the general and specific powers in S.C. Code Ann. §§ 62-7-815 and 62-7-816, including authority to:

1. acquire, retain, sell, exchange, lease, improve, or encumber Trust property;
2. borrow money and pledge Trust property;
3. insure Trust property and administration-related liability;
4. settle claims and pay taxes, compensation, and expenses;
5. make distributions in cash or in kind;
6. employ attorneys, accountants, investment advisers, and other professionals;
7. prosecute or defend proceedings to protect Trust property;
8. continue or participate in a business when prudent; and
9. resolve a dispute concerning interpretation or administration of the Trust through mediation, arbitration, or another alternative procedure under § 62-7-816(23), when consistent with fiduciary duties and applicable court authority.

6.3 Information and Reports

The Trustee shall provide the notices, information, and reports required by S.C. Code Ann. § 62-7-813. Unless the Trust expressly provides otherwise, the Trustee shall send the required annual and termination reports to distributees, permissible distributees, and other qualified beneficiaries who request information in writing.

6.4 Compensation and Reimbursement

If this Will does not specify compensation, the Trustee is entitled to reasonable compensation under S.C. Code Ann. § 62-7-708. Reimbursement and advances are governed by § 62-7-709. This Will does not create a blanket indemnity for breach of fiduciary duty.

6.5 Uneconomic Trust

After notice to the qualified beneficiaries and without court approval, the Trustee may terminate a Trust with total property valued below $100,000 only if the Trustee concludes that its value is insufficient to justify administration costs, as provided by S.C. Code Ann. § 62-7-414. Distribution on termination must remain consistent with the Trust's purposes unless a court orders otherwise.

7. DIGITAL ASSETS

Under S.C. Code Ann. § 62-2-1020(B), I expressly consent to disclosure to my Personal Representative of the content of my electronic communications and my other digital assets. The Personal Representative may request disclosure under §§ 62-2-1035 and 62-2-1040 and may exercise authority only within the duties and limits stated in § 62-2-1075 and other applicable law.

I also consent to disclosure to the Trustee of electronic-communication content held in an account of the Trust when S.C. Code Ann. § 62-2-1060 applies.

A qualifying online-tool direction overrides a contrary direction in this Will to the extent provided by S.C. Code Ann. § 62-2-1020(A).

8. REMEDIES AND LIABILITY STANDARDS

8.1 Remedies and Damages

For an actual or threatened breach of trust, a court may grant the remedies listed in S.C. Code Ann. § 62-7-1001. Trustee damages for breach are governed by § 62-7-1002.

8.2 Exculpation

No provision of this Will relieves the Trustee from liability for a breach committed in bad faith or with reckless indifference to the Trust's purposes or the beneficiaries' interests, or when the provision was inserted through an abuse of a fiduciary or confidential relationship, as provided by S.C. Code Ann. § 62-7-1008.

8.3 Contract, Tort, and Property Liability

The Trustee's personal liability on contracts, torts, and obligations arising from ownership or control of Trust property is governed by S.C. Code Ann. § 62-7-1010. This Will creates no blanket limitation of liability to Trust assets and does not protect a Trustee who is personally at fault.

9. GOVERNING LAW, COURTS, AND DISPUTE RESOLUTION

9.1 Governing Law

South Carolina law governs this Will and the Trust while South Carolina is the applicable jurisdiction.

9.2 Probate and Trust Jurisdiction

The probate court has the original jurisdiction stated in S.C. Code Ann. § 62-1-302(a), including decedents' estates and trusts. Internal-trust proceedings are governed by § 62-7-201(a), and external-trust matters are subject to the concurrent jurisdiction described in § 62-7-201(c).

Under S.C. Code Ann. § 62-1-302(d), specified formal probate, will-construction, trust-affairs, and jury-triable matters must be removed to circuit court on a timely party or court motion, and the circuit court proceeds de novo. This Will does not restrict statutory removal or otherwise select an exclusive forum.

9.3 Arbitration and Jury Rights

This Will does not require arbitration. The Trustee may use alternative dispute resolution only as authorized by S.C. Code Ann. § 62-7-816(23), consistent with fiduciary duties and applicable court authority.

This Will does not waive a jury right that otherwise exists. S.C. Code Ann. § 62-1-302(d)(5) addresses removal of qualifying jury-triable matters to circuit court. Jury entitlement and procedure are governed by applicable law and court rules.

9.4 Optional No-Contest Provision

Complete one only after South Carolina counsel reviews enforceability and the alternate disposition:

☐ No no-contest provision is included.

☐ The following provision is included: [INSERT REVIEWED TERMS AND ALTERNATE DISPOSITION].

10. GENERAL PROVISIONS

10.1 Amendment and Revocation

Any later will or codicil must satisfy applicable execution law. Revocation is governed by S.C. Code Ann. § 62-2-506.

10.2 Severability

If a provision is held invalid, the remaining provisions continue to the extent they can operate consistently with my plan and applicable law.

10.3 Headings and Construction

Headings are for convenience only. Words used in the singular include the plural when appropriate, and a fiduciary designation includes a properly appointed successor.

11. EXECUTION, ATTESTATION, AND SELF-PROOF

11.1 Execution Requirements

S.C. Code Ann. § 62-2-502 requires a written Will signed by the Testator, or in the Testator's name by another individual in the Testator's presence and at the Testator's direction, and signed by at least two individuals who each witnessed either the signing or the Testator's acknowledgment of the signature or the Will.

11.2 Testator Signature

I, [TESTATOR FULL LEGAL NAME], sign this instrument as my Last Will and Testament willingly and as my free and voluntary act.

Signed on [__/__/____] at [CITY], South Carolina.

_______________________________________
[TESTATOR FULL LEGAL NAME], Testator

11.3 Witness Attestation

Each undersigned witness declares that the Testator signed this Will or acknowledged the signature or Will to the witness, and that the witness signs as a witness.

11.4 Simultaneous Self-Proving Form

S.C. Code Ann. § 62-2-503(a) permits simultaneous execution, attestation, and self-proof through the Testator's acknowledgment and the affidavit of at least one witness before an officer authorized to administer oaths, evidenced by the officer's certificate under official seal. The statute permits the following form or a similar form showing the same intent:

I, [TESTATOR NAME], the testator, sign my name to this instrument this [DAY] day of [MONTH], [YEAR], and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older (or if under the age of eighteen, am married or emancipated as decreed by a family court), of sound mind, and under no constraint or undue influence.

We, [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses, sign our names to this instrument, and at least one of us, being first duly sworn, does hereby declare, generally and to the undersigned authority, that the testator signs and executes this instrument as his or her last will and that he or she signs it willingly (or willingly directs another to sign for him or her), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is eighteen years of age or older (or if under the age of eighteen, was married or emancipated as decreed by a family court), of sound mind, and under no constraint or undue influence.

Sworn to and subscribed before me on [__/__/____] by the Testator and [AT LEAST ONE WITNESS / BOTH WITNESSES].

_______________________________________
Notary Public / Officer Authorized to Administer Oaths

Official Seal: __________________________
My Commission Expires: __________________

REVIEW CHECKLIST

• ☐ Confirm family information and all beneficiary designations.
• ☐ Complete the tax-apportionment choice.
• ☐ Complete the survival and failed-gift choices.
• ☐ Confirm Trust beneficiaries, distribution standards, ages, and remainder beneficiaries.
• ☐ Confirm fiduciary and guardian nominees and successors.
• ☐ Review the optional no-contest choice with South Carolina counsel.
• ☐ Confirm execution and self-proof before an authorized officer.
• ☐ Coordinate beneficiary designations, jointly owned property, and digital-account directions with this Will.