Simple Will - South Carolina

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

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 in accordance with S.C. Code Ann. § 62-2-506 (2025) 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 using the "per capita at each generation" method set out in S.C. Code Ann. § 62-2-106 (2025): the Estate (or share) is divided into equal shares at the nearest generation with surviving takers, and the share of a deceased person in that generation is divided in the same manner among that person's issue. This differs from strict common-law per stirpes, under which each line of descent is treated separately regardless of generation.
“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.

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 (2025).
(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 (2025), 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. This authorization is intended to satisfy the will-authorization exception to the court-approval requirements of S.C. Code Ann. § 62-3-711(b) for the sale of real property and personal property valued at ten thousand dollars or more.

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.

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; provided, however, that under South Carolina law this forfeiture shall not be enforced against a Beneficiary whom the court finds had probable cause for bringing the contest or proceeding. See Russell v. Wachovia Bank, N.A., 370 S.C. 5, 633 S.E.2d 722 (2006).

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 Proper Expenses. A Personal Representative may pay proper administration expenses and exercise the powers in S.C. Code Ann. § 62-3-715, subject to applicable fiduciary duties and court authority. This Will creates no blanket indemnity for breach of duty.

7.2 No Blanket Liability Cap. This Will creates no blanket limitation of a Personal Representative's liability to Estate assets. Liability is determined under applicable South Carolina law.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Will is governed by the South Carolina Probate Code, S.C. Code Ann. Title 62, and applicable South Carolina case law.

8.2 Forum Selection. Venue for proceedings concerning this Will shall lie in the probate court of the South Carolina county in which I am domiciled at death, which has exclusive original jurisdiction over the probate of this Will and the administration of my Estate under S.C. Code Ann. § 62-1-302(a). Notwithstanding the foregoing, S.C. Code Ann. § 62-1-302(d) requires that certain matters — including formal proceedings to probate this Will or appoint a Personal Representative, construction of this Will, actions to try title to Estate property, matters involving the internal or external affairs of any trust created hereunder, and any matter in which a party has a right to trial by jury involving an amount in controversy of at least five thousand dollars — be removed to the circuit court upon timely motion, and this Will does not waive that statutory removal right.

8.3 Arbitration. This Will does not require arbitration. Probate, construction, and other proceedings remain subject to the statutory court jurisdiction and removal rules described in Section 8.2.

8.4 Jury Waiver. Informal and uncontested probate matters are determined by the probate judge without a jury. However, this Will does not and cannot waive any Beneficiary's or interested person's statutory right, under S.C. Code Ann. § 62-1-302(d)(5), to remove a qualifying jury-triable matter to the circuit court for a jury trial.

IX. GENERAL PROVISIONS

9.1 Survivorship Requirement. As an express term of this Will, a Beneficiary must survive me by 120 hours to take under this Will unless another provision states a different result. S.C. Code Ann. § 62-2-603(C) provides that words of survivorship are sufficient contrary intent to displace statutory anti-lapse in the absence of additional evidence.

9.2 Simultaneous Death. If the order of death cannot be established, the express survivorship requirement in Section 9.1 controls gifts under this Will.

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 Uniform Fiduciary Access to Digital Assets Act, S.C. Code Ann. §§ 62-2-1010 through 62-2-1075 (2025).

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: _______________________________________

10.3 Self-Proving Affidavit (Optional but Strongly Recommended, pursuant to S.C. Code Ann. § 62-2-503 (2025)).

STATE OF SOUTH CAROLINA
COUNTY OF _____________

AFFIDAVIT

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: _______________