Personal Property Memorandum

PERSONAL PROPERTY MEMORANDUM

Pursuant to South Carolina Probate Code § 62-2-512

Table of Contents

1. Introduction and Will Reference
2. Statutory Authority
3. Identification of Testator
4. Tangible Personal Property Distributions
5. Distribution Categories
6. Residual Tangible Personal Property
7. Instructions for Updating
8. Execution and Authentication
9. State-Specific Notes
10. Sources and References

// GUIDANCE: Under S.C. Code § 62-2-512, a will may refer to a written statement or
// list to dispose of items of tangible personal property not otherwise specifically
// disposed of by the will. The writing must be signed by the testator OR be entirely
// in the testator's handwriting, and must describe items and recipients with
// reasonable certainty. The writing may be prepared before or after execution of the
// will and may be altered at any time.

I. INTRODUCTION AND WILL REFERENCE

This Personal Property Memorandum ("Memorandum") is made by the undersigned Testator and is incorporated by reference into the Last Will and Testament of the undersigned, executed on [__/__/____], as authorized by South Carolina Probate Code Section 62-2-512.

This Memorandum is intended to dispose of items of tangible personal property not otherwise specifically bequeathed in the Will.

Will Reference Clause: This Memorandum is the written statement or list referenced in Article [____] / Section [____] of the Testator's Last Will and Testament.

II. STATUTORY AUTHORITY

This Memorandum is authorized by S.C. Code Ann. § 62-2-512, which provides that a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in a trade or business. To be admissible under the statute, the writing must be signed by the testator or be in the testator's handwriting, and must describe the items and intended recipients with reasonable certainty.

III. IDENTIFICATION OF TESTATOR

IV. TANGIBLE PERSONAL PROPERTY DISTRIBUTIONS

// GUIDANCE: Describe each item with sufficient detail to identify it with "reasonable
// certainty" as required by § 62-2-512. Include identifying features such as make,
// model, serial number, color, size, or location in the home. Identify each recipient
// by full legal name and relationship to avoid ambiguity.

Item Distribution Table

// GUIDANCE: Add additional rows as needed. Attach supplemental pages if necessary,
// ensuring each page is signed and dated by the testator.

V. DISTRIBUTION CATEGORIES

// GUIDANCE: The following categories may help organize property distributions.
// Check each category that applies and list items accordingly.

☐ Jewelry and Watches
[________________________________]

☐ Furniture and Household Furnishings
[________________________________]

☐ Artwork, Collectibles, and Antiques
[________________________________]

☐ Vehicles, Boats, and Recreational Equipment (with titled property, ensure title transfer)
[________________________________]

☐ Electronics and Musical Instruments
[________________________________]

☐ Sporting Goods and Tools
[________________________________]

☐ Clothing and Personal Accessories
[________________________________]

☐ Books and Media Collections
[________________________________]

☐ Firearms (ensure compliance with state and federal transfer laws)
[________________________________]

☐ Heirloom and Sentimental Items
[________________________________]

☐ Other Tangible Personal Property
[________________________________]

VI. RESIDUAL TANGIBLE PERSONAL PROPERTY

Any items of tangible personal property not specifically listed in this Memorandum shall be distributed as follows:

☐ According to the terms of my Last Will and Testament

☐ Equally among the following persons: [________________________________]

☐ To: [________________________________]

☐ At the discretion of my Personal Representative

VII. INSTRUCTIONS FOR UPDATING

// GUIDANCE: Under § 62-2-512, the testator may alter this memorandum at any time.
// Any revised version should be signed and dated. The most recent version controls.

This Memorandum may be revised, amended, or replaced at any time without executing a new Will or codicil. To update:

1. Prepare a new memorandum or clearly mark changes on this document
2. Sign and date each revision or new memorandum
3. Clearly indicate which version supersedes prior versions
4. Store the updated memorandum with or near your Will
5. Notify your attorney and/or Personal Representative of the update

This Memorandum supersedes all prior memoranda dated before the date below.

VIII. EXECUTION AND AUTHENTICATION

// GUIDANCE: The memorandum must be signed by the testator OR be entirely in the
// testator's handwriting. Witnesses and notarization are not required by statute
// but may be advisable to prevent disputes.

I, the undersigned Testator, declare that this Personal Property Memorandum is made voluntarily and represents my wishes for the distribution of the tangible personal property listed herein.

Optional Witness Attestation

// GUIDANCE: While not required under § 62-2-512, witnesses may help authenticate
// the memorandum and prevent challenges.

IX. STATE-SPECIFIC NOTES

South Carolina Requirements Under § 62-2-512

1. Will Reference Required: The Will must specifically refer to this Memorandum for it to have legal effect
2. Signing or Handwriting: The Memorandum must be signed by the testator OR be entirely in the testator's handwriting
3. Reasonable Certainty: Items and recipients must be described with reasonable certainty
4. Excluded Property: This Memorandum may NOT be used to dispose of:
   - Money (cash or currency)
   - Evidences of indebtedness
   - Documents of title
   - Securities
   - Property used in a trade or business
5. Timing: May be prepared before or after execution of the Will
6. Amendments: May be altered by the testator at any time; sign and date all changes
7. No Witnesses Required: Statute does not require witnesses or notarization, though recommended
8. Storage: Keep with or near the original Will; provide a copy to your attorney

Important Disclaimers

• This Memorandum does not replace a valid Last Will and Testament
• Consult with a South Carolina licensed attorney before relying on this document
• If any item listed has been sold, gifted, or destroyed before death, that specific bequest is void (ademption)
• Disputes regarding this Memorandum may be resolved by the South Carolina Probate Court

X. SOURCES AND REFERENCES

• S.C. Code Ann. § 62-2-512 — Separate Writing Identifying Devise of Tangible Personal Property
• S.C. Code Ann. § 62-2-501 — Who May Make a Will
• Nelson Mullins — A Simple Solution for Your Stuff
• National Law Review — Tangible Personal Property Memos in South Carolina

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. Consult a licensed South Carolina attorney before use.