North Myrtle Beach Attorney for Wills

Whether you've recently had a child, gotten married, or simply realized it was time to get your estate in order, our North Myrtle Beach attorneys can help. We have helped hundreds of people create wills, form trusts, and set their heirs up for success, and we would be happy to schedule a complimentary consultation with you.

What is a Will, in Legal Terms?

A will is a legal document enabling a person to determine how their estate will be divided after death. Traditionally, a "will" referred to real estate, and "testament" pertained to personal property, leading to the phrase "will and testament." Nowadays, these terms are used interchangeably.

Executing a will gives people control over how their properties are distributed after their death, ensuring their wishes are honored and minimizing potential disputes among heirs. More importantly, a will streamlines the probate process and reduces associated costs.

Will Formation in South Carolina

In North Myrtle Beach, the execution and probate of wills are governed by the South Carolina Probate Code (SCPC) under Title 62 of the South Carolina Code of Laws. Under Section 62-2-502 of the SCPC, the formal requisites of the execution of a will are as follows:

a. It must be in writing. Thus, a will created through a video or audio recording cannot be recognized under the law. If the will is signed by the testator's representative, the signing must be done in the presence of the testator and by the testator's direction.

c. It must be witnessed and acknowledged by at least two (2) individuals. In South Carolina, a notary public may serve as both the notary and a witness.

Not all persons can make a will. The law requires that the person executing the will (the "testator") be of sound mind and not a minor (S.C. Code Section 62-2-501). A person of sound mind means that the testator is capable of decision-making, free from any mental illness or condition affecting the mind. Also, the testator must know the scope of the estate, heirs, and distribution of the estate at the time of the execution of the will.

A minor, for purposes of execution of a will, means any person who has not reached 18 years of age.

The capacity of the testator to make a will is crucial to ensure that the will is made according to the free volition of the testator. The execution of the will must be free from any form of fraud or undue influence. Otherwise, the will may be voided or vacated. The capacity of the testator is one of the rationales for contesting a will.

Different Types of Wills in North Myrtle Beach, SC

In South Carolina, there are various kinds of wills with different ways to convey the testator's wishes in distributing their property. These are some of the most common types of wills:

Attested Will

This refers to a will signed by the testator and the testator's witnesses. Generally, a will can still be valid without notarization, except for a self-proving will. South Carolina permits self-proving wills. In a self-proving will, the attested will is notarized by a notary public in the presence of the testator and his witnesses. During probate, the witnesses of a self-proving will not need to appear in court (S.C. Code Section 62-2-503).

Testamentary Trust Will

This kind of a will creates a trust made effective upon the death of the decedent. The rules for the execution and validity of trusts are governed by the South Carolina Trust Code (SCTC).

Pour-over Will

This type of will ensures that any assets the testator owns at their death are transferred to a trust. It assumes that the testator has already set up a living trust. Any properties not previously included in the trust will still be transferred to it. This catch-all provision guarantees that all of the testator's assets will be included in the trust, although assets located outside of the trust will not avoid probate. Generally, a pour over will and trust will be established in conjunction with one another.

Holographic Will

This is a handwritten will personally written by the testator. As a rule, a holographic will is not valid in South Carolina except if it was already validated by another state or jurisdiction.

Comprehensive Will Execution

In executing a will, the testator must identify all of his assets and intended heirs. From the assets identified, the testator must decide which assets will be included in his will, and who will inherit the same.

The testator must assign an executor to handle the estate upon the testator's demise. The executor must possess the necessary skills to manage and distribute the estate according to the terms of the will. In case the testator has minor children, the testator may assign a guardian to safeguard the interests of the testator's minor children.

As you can see, making a will can be complicated. It requires strict compliance with the formal requirements provided by law, and any ambiguities in the will document can lead to complications during the probate process. Absent any of the preceding formal requirements, the will is invalid.

Contact a North Myrtle Beach Attorney For Wills Today

At Bespoke Estate Law, we focus on protecting client assets and creating custom estate plans. We utilize cutting-edge design and advanced planning techniques to ensure efficient estate administration, while considering evolving laws and future trends.

Our approach to understanding each client's family dynamic allows us to structure estates most sensibly for every circumstance, minimize taxes, reduce estate administration costs, and streamline the distribution process. Contact us today to book a free consultation. From estate planning attorneys in Wilmington to trust formation services in Myrtle Beach, we serve all of the Grand Strand.