What are the legal requirements?
Under South Carolina law (S.C. Code § 62-2-502), a will is valid if it meets the following requirements:
- The testator (person making the will) is at least 18 years old and of sound mind.
- The will is in writing (typed or printed — handwritten wills, known as holographic wills, are NOT recognized in South Carolina).
- The will is signed by the testator or by someone else in the testator’s presence and at the testator’s direction.
- The will is witnessed by at least two competent individuals who are present at the same time and observe the testator signing (or acknowledge the signature).
- The will is signed by the two witnesses, who must also sign in the testator’s presence.
If any of these requirements are missing, the will may be declared invalid by the probate court — leaving your estate to be distributed according to the state’s intestate succession laws, rather than your personal wishes.
At The Bill Connor Law Firm, we help clients across South Carolina ensure that their wills are properly drafted, witnessed, and executed so their wishes are fully honored.
What Does It Mean to Be “Of Sound Mind” in South Carolina?
One of the most common concerns families have is whether someone was legally competent when they signed their will. In South Carolina, being of sound mind means that at the time of making the will, the testator:
- Understands the nature and extent of their assets.
- Knows the natural objects of their bounty (who their relatives and beneficiaries are).
- Understands the legal effect of making a will.
A diagnosis of a medical condition like dementia does not automatically invalidate a will. As long as the testator was lucid and met the above criteria at the time the will was executed, it is generally considered valid.
When questions arise, courts will look for evidence such as medical records, witness testimony, and even video recordings of the signing ceremony (if available).
Witness Requirements: Who Can Serve as a Witness?
South Carolina requires at least two witnesses to make a will valid, but not just anyone qualifies.
Witnesses must:
- Be competent, meaning they are of sound mind and generally capable of understanding their role.
- Be disinterested when possible — meaning they are not named as beneficiaries in the will.
Although South Carolina does not automatically invalidate a will if a beneficiary serves as a witness, it opens the door for challenges and complications. Best practice is to use neutral witnesses, like close friends, neighbors, or professionals who are not inheriting anything.
Optional but Recommended: Self-Proving Affidavit
South Carolina law allows you to make your will “self-proving” by attaching a special affidavit signed by you and your witnesses before a notary public.
While not required, this affidavit makes probate faster and easier by eliminating the need to locate witnesses later to confirm the will’s validity. This simple step can save your loved ones significant stress, time, and court costs.
Common Mistakes That Can Invalidate Your Will
Even well-intentioned wills can fail if you miss important technical steps. Here are common mistakes that often lead to invalidation:
- Handwritten wills (holographic) — South Carolina does NOT accept them.
- Unsigned wills — If you don’t sign it, it’s not valid.
- Missing or incorrect witnesses — No witnesses? Wrong witnesses? That’s a big problem.
- Changes without formalities — Crossing out or handwriting changes without proper legal procedure may invalidate part or all of the will.
- Out-of-state wills — A will made in another state might be valid, but it still needs to comply with South Carolina’s probate laws to be smoothly accepted here.
The safest route is always to work with a qualified attorney who knows South Carolina’s specific will requirements.
FAQ Section — Valid Wills in South Carolina
1. Can I write my own will in South Carolina?
Yes, but it must be in writing, properly signed, and witnessed by at least two competent witnesses. Handwritten wills without witnesses are not valid.
2. Do wills have to be notarized in South Carolina?
No, notarization is not required for a valid will, but it is highly recommended to make the will “self-proving,” which simplifies the probate process.
3. Can my child or spouse be a witness to my will?
Technically yes, but it’s discouraged. A witness who is also a beneficiary may face legal challenges or reduced inheritance.
4. Are electronic or digital wills valid in South Carolina?
No, South Carolina does not currently recognize digital or electronic wills.
5. Can I change my will after it is signed?
Yes, but you must do so by executing a codicil (a formal amendment) or creating a new will that revokes the old one.
6. Does South Carolina recognize wills from other states?
Generally, yes, if they were valid under the law of the state where executed, but it’s best to have them reviewed to avoid probate complications.
7. What if my will isn’t self-proving?
It is still valid if properly witnessed, but the court may require additional steps in probate, like witness testimony.
8. Who decides if a will is valid if someone contests it?
The probate court will review evidence and determine validity. This is why following every formal requirement is crucial.
9. What happens if my will is ruled invalid?
Your estate will be treated as if you died intestate, and your assets will be distributed according to South Carolina’s intestacy laws.
10. How can Bill Connor help me with my will?
Bill Connor helps South Carolina clients create, update, and legally validate wills, ensuring their wishes are protected, their families are provided for, and probate is as smooth as possible.
Conclusion — Protect Your Legacy with The Bill Connor Law Firm
Making a will isn’t just about paperwork — it’s about protecting your loved ones, securing your assets, and avoiding legal headaches.
The best way to ensure your will is valid under South Carolina law is to have it prepared and executed under the guidance of a skilled estate planning attorney.
Bill Connor has helped numerous South Carolina families craft enforceable wills, avoid probate complications, and leave behind a clear legacy for their loved ones. If you are considering making or updating a will, contact The Bill Connor Law Firm today.
