Yes, a will can be contested in South Carolina — but only under specific legal grounds. You can’t dispute a will simply because you disagree with what it says or feel left out.
To contest a will in South Carolina, the person challenging it must prove that the will is invalid due to legal, procedural, or factual issues. If successful, the court may void all or part of the will, and the estate could be distributed under an earlier version of the will or through South Carolina’s intestacy laws.
At The Bill Connor Law Firm, we help both individuals defending valid wills and those with legitimate concerns about fraud, undue influence, or capacity issues. If you believe a will doesn’t reflect a loved one’s true intentions, it’s important to understand your rights — and the legal grounds for challenging it.
Who Can Contest a Will in South Carolina?
Only certain people are allowed to challenge a will. These individuals must have standing, meaning they would be directly affected by the outcome.
Eligible parties include:
- Heirs at law who would inherit if the will is invalidated (spouse, children, etc.)
Beneficiaries named in a prior will or trust - Creditors, in rare situations where estate debts are mishandled
Important: Challenges must usually be filed within 8 months of the formal probate notice being given, or within 1 year of the person’s death (if no notice is given), under South Carolina law.
6 Legal Grounds for Contesting a Will in South Carolina
Let’s break down the most common legal reasons a South Carolina court may allow a will to be contested:
1. Lack of Testamentary Capacity
The testator (person making the will) must be mentally competent when the will is signed.
To have capacity, the person must understand:
- What it means to make a will
- The extent of their assets
- Who their natural heirs are (spouse, children, etc.)
- How the will distributes their property
If the person was suffering from dementia, mental illness, or was heavily medicated, their mental state may be questioned.
2. Undue Influence
Undue influence happens when someone pressures or manipulates the testator into making a will that benefits them unfairly.
Look for:
- Unusual bequests to caregivers, friends, or new acquaintances
- Isolation of the testator from family members
- Dependence on the influencer for care or companionship
- Abrupt or secret changes to the will
Courts examine the relationship, the timing, and the benefits received by the person accused of undue influence.
3. Fraud or Forgery
If a will was signed or changed as a result of fraudulent behavior, it may be invalid.
Examples include:
- Lying about another heir to influence the testator
- Tricking the testator into signing a will they didn’t understand
- Forging a signature or changing content without permission
Expert analysis (handwriting specialists, witnesses, or digital forensics) may be used to prove fraud or forgery.
4. Improper Execution
South Carolina law (S.C. Code § 62-2-502) requires a will to meet strict formalities:
- The testator must be at least 18 and of sound mind
- The will must be in writing
- The will must be signed by the testator
- It must be witnessed by two competent individuals present at the same time
A will that’s missing signatures, unwitnessed, or improperly drafted may be ruled invalid — even if it accurately reflects the deceased’s wishes.
5. Revocation
Sometimes a newer will or other evidence shows that the will being probated was actually revoked by the testator.
Revocation can happen by:
- Physically destroying the old will (tearing, burning, crossing out)
- Executing a new will that explicitly revokes prior wills
- Writing a codicil (amendment) that changes essential terms
If a newer will exists, the court may set aside the older version.
6. Mistake or Ambiguity
In rare cases, the will may contain mistakes, vague terms, or contradictions. While courts prefer to honor the testator’s intentions, unclear language or errors may lead to challenges.
This ground is usually combined with other arguments like undue influence or lack of capacity.
Contesting a Will Is a Legal Battle: What to Expect
Contesting a will isn’t easy. South Carolina law assumes that a properly executed will is valid unless proven otherwise.
To successfully challenge a will, you must:
- File your claim within the required deadline
- Show credible evidence to support your legal grounds
- Possibly go through discovery, depositions, and a full probate court hearing
If the court finds the will invalid:
- An earlier will may be reinstated
- If no earlier will exists, the estate passes through intestate succession
Legal fees, emotional strain, and delays can affect everyone involved
How Bill Connor Can Help You Contest or Defend a Will
Whether you believe a loved one’s will was unfairly manipulated or you’re defending a legitimate will from false claims, you need an experienced probate litigation attorney on your side.
At The Bill Connor Law Firm, we help South Carolina families:
- Investigate suspicious wills or sudden changes
- Gather medical records, witness statements, and expert reports
- Represent heirs or beneficiaries in probate litigation
- Defend properly executed wills from unjust challenges
- File timely objections and petitions in probate court
With years of litigation experience and a reputation for ethical, aggressive representation, Bill Connor is a trusted advocate in South Carolina will contests.
FAQ: Contesting a Will in South Carolina
1. Can anyone contest a will?
No. Only heirs, beneficiaries, or other parties with a financial interest in the estate may challenge a will.
2. How long do I have to contest a will in South Carolina?
Typically 8 months after receiving probate notice, or 1 year after death if no notice was given.
3. How hard is it to contest a will?
It’s challenging. Courts favor upholding wills unless there is strong evidence of fraud, undue influence, or lack of capacity.
4. Do I need a lawyer to contest a will?
Yes. Probate litigation is complex and fact-heavy. A skilled attorney like Bill Connor can evaluate your claim and guide you through the process.
5. Can a handwritten will be contested more easily?
Yes. South Carolina does not recognize holographic (handwritten and unwitnessed) wills, making them more vulnerable to invalidation.
6. What happens if a will is found invalid?
The estate is distributed according to an earlier will — or by South Carolina intestacy law if no prior will exists.
7. Is it expensive to contest a will?
It can be. Legal fees vary depending on the complexity of the case. Some firms work on a contingency basis depending on the value of the estate.
8. Can multiple people contest the same will?
Yes. Multiple heirs or interested parties may join together or file separate claims.
9. What if the will is unclear or has mistakes?
The court may interpret ambiguous language, but if the intent is unclear or the mistake is significant, a challenge may be possible.
10. How can I prevent my own will from being contested?
Work with an experienced attorney to create a clear, properly executed, and witnessed will. Consider adding a no-contest clause and documenting your mental capacity at the time of signing.
Final Section — Don't Let a Disputed Will Destroy a Family
Wills are meant to provide peace, direction, and closure — but when a will is unclear or unfairly created, it can lead to confusion and conflict that tears families apart.
Whether you’re concerned about someone taking advantage of a loved one, or you’re facing an unjust challenge to your inheritance, Bill Connor is here to help.
With a deep understanding of South Carolina probate law, courtroom experience, and a commitment to honest counsel, The Bill Connor Law Firm is your trusted ally in even the most difficult probate disputes.
Call today to schedule a consultation and protect your rights — and your loved one’s legacy.
