LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

[// GUIDANCE: This template is drafted for use in South Carolina and is designed to comply with S.C. Code Ann. §§ 62-2-501 et seq. (2023) (the S.C. Probate Code). Replace all bracketed text with client-specific information and delete guidance notes before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block & Self-Proving Affidavit

I. DOCUMENT HEADER

1.1 Title. This instrument is my “Last Will and Testament” (the “Will”).

1.2 Testator Identification. I, [TESTATOR FULL LEGAL NAME], a resident of [COUNTY] County, South Carolina, being of lawful age (at least eighteen years old) and of sound mind and memory, hereby revoke all prior wills and codicils and declare this to be my Will.

1.3 Effective Date & Governing Law. This Will shall take effect upon my death. All questions concerning validity, construction, and administration shall be governed by the laws of the State of South Carolina, without regard to conflict-of-laws principles.

II. DEFINITIONS

“Beneficiary” means each person or entity entitled to receive property under this Will.
“Children” means all biological or legally adopted children of mine, whether now living or hereafter born or adopted.
“Estate” means all property I own at death, wherever situated, subject to administration.
“Per Stirpes” means distribution by representation as defined in S.C. Code Ann. § 62-2-106 (2023).
“Personal Representative” means the individual(s) appointed in § III.1 to administer my Estate.
“Residue” means the remainder of my Estate after payment of debts, expenses, taxes, and the specific gifts set forth herein.

[// GUIDANCE: Add, modify, or delete definitions to suit client circumstances.]

III. OPERATIVE PROVISIONS

3.1 Appointment of Personal Representative.
(a) I nominate [PRIMARY PERSONAL REPRESENTATIVE] as Personal Representative.
(b) If the primary nominee fails or ceases to act, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE] as successor.
(c) Bond. No bond shall be required of any Personal Representative.

3.2 Disposition of Tangible Personal Property.
(a) Memorandum. I may leave a written memorandum disposing of specific tangible personal property pursuant to S.C. Code Ann. § 62-2-512 (2023).
(b) Default. All tangible personal property not otherwise disposed of shall pass to [BENEFICIARY OF TANGIBLES]; if such Beneficiary does not survive me, such property shall fall into the Residue.

3.3 Specific Gifts.
(a) [SPECIFIC GIFT #1] to [SPECIFIC BENEFICIARY #1].
(b) [SPECIFIC GIFT #2] to [SPECIFIC BENEFICIARY #2].

3.4 Residual Distribution. I give, devise, and bequeath all of the Residue of my Estate, in equal shares, per stirpes, to my Children who survive me. If no Child survives me, the Residue shall pass to [ALTERNATE RESIDUAL BENEFICIARY].

3.5 Guardianship of Minor Children. If at my death I have any minor Child, I nominate [PRIMARY GUARDIAN] as guardian of the person and estate of each such Child, and [SUCCESSOR GUARDIAN] as successor guardian.

3.6 Powers of Personal Representative. My Personal Representative shall, without court order, have all powers granted under S.C. Code Ann. § 62-3-715 (2023), including but not limited to the power to sell, lease, exchange, invest, and make distributions in cash or in kind, to continue any business, and to determine what constitutes income and principal.

IV. REPRESENTATIONS & WARRANTIES

4.1 Testator Representations. I represent and warrant that:
(a) I am at least eighteen (18) years of age.
(b) I am of sound mind and under no constraint or undue influence.
(c) All marital and parental information provided to drafting counsel is complete and accurate to the best of my knowledge.

[// GUIDANCE: These reps support later no-contest and indemnity mechanisms.]

V. COVENANTS & RESTRICTIONS

5.1 Non-Assignment by Beneficiaries. No Beneficiary may assign, anticipate, encumber, or transfer any interest under this Will before actual receipt, except as permitted by law.

5.2 Spendthrift Protection. To the maximum extent permitted by law, the interests of Beneficiaries shall be free from the claims of creditors and from legal process.

VI. DEFAULT & REMEDIES

6.1 No-Contest Clause. Any Beneficiary (a) who contests this Will or any trust created hereunder, or (b) who assists another in doing so, shall forfeit all interests herein, and such interests shall pass as if the contesting party had predeceased me without issue.

6.2 Injunctive Relief. The probate court of proper venue is authorized to issue temporary, preliminary, and permanent injunctive relief to preserve Estate assets pending resolution of any will contest or related proceeding.

VII. RISK ALLOCATION

7.1 Executor Indemnity. My Estate shall indemnify and hold harmless each Personal Representative, to the fullest extent permitted by law, from any liability, expense, or loss (including reasonable attorneys’ fees) arising from good-faith acts or omissions in administering my Estate, except for willful misconduct or gross negligence.

7.2 Liability Cap. The liability of any Personal Representative to Beneficiaries or third parties shall in no event exceed the net assets of my Estate available for distribution at the time the liability is determined.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Will is governed exclusively by the South Carolina Probate Code.

8.2 Forum Selection. Exclusive venue for all proceedings concerning this Will shall lie in the probate court of the South Carolina county in which I am domiciled at death.

8.3 Arbitration. Arbitration is not available for probate matters under current South Carolina law; all disputes shall be heard by the designated probate court.

8.4 Jury Waiver. Probate matters in South Carolina are determined by the probate court without a jury.

IX. GENERAL PROVISIONS

9.1 Survivorship Requirement. A Beneficiary must survive me by 120 hours to take under this Will, unless a shorter period is imposed by S.C. Code Ann. § 62-2-104 (2023).

9.2 Simultaneous Death. The Uniform Simultaneous Death Act, as adopted in South Carolina, shall apply.

9.3 Digital Assets. My Personal Representative shall have the authority to access, manage, and dispose of my digital assets and electronic communications pursuant to the South Carolina Revised Uniform Fiduciary Access to Digital Assets Act, S.C. Code Ann. §§ 62-2-200 et seq. (2023).

9.4 Headings. Headings are for convenience only and shall not affect interpretation.

9.5 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force to the extent consistent with my intent.

9.6 Gender & Number. Whenever required by context, the singular shall include the plural and vice versa, and references to any gender shall include all genders.

X. EXECUTION BLOCK & SELF-PROVING AFFIDAVIT

10.1 Signature of Testator.
IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this Will on this ___ day of _, 20.

[TESTATOR FULL LEGAL NAME], Testator

10.2 Attestation of Witnesses.
We, the undersigned witnesses, each do hereby declare in the presence of the Testator that the Testator signed and executed this Will as the Testator’s Last Will and Testament, that the Testator signed it willingly and as a free and voluntary act, and that each of us, in the presence of the Testator and of each other, signs this Will as witness to the Testator’s signing, and to the best of our knowledge the Testator is eighteen (18) years of age or older, of sound mind, and under no undue influence.

Witness #1: ______
Print Name: _______
Address: _________

Witness #2: ______
Print Name: _______
Address: _________

[// GUIDANCE: Both witnesses must sign within a “reasonable time” after witnessing the Testator’s signature, S.C. Code Ann. § 62-2-502.]

10.3 Self-Proving Affidavit (Optional but Strongly Recommended).

STATE OF SOUTH CAROLINA )
) AFFIDAVIT
COUNTY OF _______ )

BEFORE ME, the undersigned authority, personally appeared [TESTATOR], [WITNESS #1], and [WITNESS #2], who, being duly sworn, do hereby declare to the undersigned authority that:

1. The Testator signed the foregoing instrument as the Testator’s Will.
2. The Testator was of sound mind, over the age of eighteen (18), and under no constraint or undue influence.
3. Each Witness signed the Will in the presence of the Testator and of each other.

[TESTATOR]

[WITNESS #1]

[WITNESS #2]

Subscribed, sworn to, and acknowledged before me by the Testator and the witnesses on this ___ day of _, 20.

Notary Public for South Carolina
My Commission Expires: ___

[// GUIDANCE: Filing a self-proving affidavit allows the Will to be admitted to probate without live witness testimony under S.C. Code Ann. § 62-2-503.]

[// GUIDANCE: After execution, retain the original Will in a secure location and advise the Personal Representative of its whereabouts. File the Will with the probate court of the decedent’s domicile within thirty (30) days of death as required by S.C. Code Ann. § 62-2-901.]