Last Will & Testament

A Last Will & Testament is a legal document that outlines how you wish your assets to be distributed after your death, and can also appoint guardians for minor children in South Carolina.

Having a Will ensures that your assets are distributed according to your wishes, provides clarity for your family, and can help avoid potential disputes and complications in probate court in South Carolina.

If you die without a Will in South Carolina, your assets will be distributed according to state intestacy laws, which may not align with your personal wishes or family needs.

Generally, you can leave your assets to anyone you choose, but there are laws to protect spouses and minor children from being completely disinherited in South Carolina.

To create a valid Will in South Carolina, it must be written, signed by you, and witnessed by at least two individuals. It’s advisable to consult with an attorney to ensure all legal requirements are met.

Yes, you can change or revoke your Will at any time as long as you are mentally competent. Changes should be made through a formal amendment called a codicil or by making a new Will.

A Will goes into effect after death and covers only probate assets, while a Living Trust is effective during your lifetime and can cover all assets placed in the trust, potentially avoiding probate.

Proper execution of a will is crucial to its validity. In many states, including South Carolina, a will that is formally executed in front of witnesses and with all signatures notarized is considered “self-proving.” This self-proving status allows the will to be admitted to probate without the need for additional witness testimony or proof. It’s important to adhere to the required formalities, as addressing a challenge to a will’s validity can be costly and difficult. Nantz Law’s experienced attorneys in South Carolina, particularly in Rock Hill and Charleston, can assist you in executing a valid will, ensuring your intentions are accurately documented.

Yes, Wills can be contested on grounds such as undue influence, lack of mental capacity, improper execution, or the existence of a more recent Will.

Choose someone responsible, trustworthy, and capable of managing financial matters. Consider the complexity of your estate and the potential for family dynamics to affect the process.