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A joint will is one will for two people, often for a married couple, which acts as a last will and testament for both. It has specific rules, often stated in the will itself, which include that after the first spouse dies, that spouses entire estate goes to the surviving spouse.
Some married couples execute what is called joint wills. In a joint will, both spouses execute a will in the same document. A joint will is legal. But joint wills can create a lot of problems, so its best for the spouses to have separate wills.
Witnesses: A South Carolina will must be signed by at least two individuals, each of whom witnessed the signing of the will or the testators acknowledgement of the signature or of the will. Writing: A South Carolina will must be in writing. Beneficiaries: A testator can leave property to anyone.
A South Carolina will must be filed with the Probate Court within thirty days of the decedents death. Once the will is proven, the executor (person who oversees the deceaseds estate) can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.
What this means in a nutshell is that South Carolina does not allow a holographic will, which is when a testator handwrites and then signs his or her own will. There must be witnesses, and those witnesses must not be anyone who would benefit from the will. Otherwise, they could be stripped of their beneficiary status.
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The survivor can revoke or change their will to appoint different executors, for example, but their estate is held in trust and must be distributed according to the terms of the mutual will.
Any estate planning lawyer will tell you that a joint will, usually created by a married couple, is generally a bad idea. A joint will is a single will thats signed by two people, usually a married couple, leaving all their assets to each other. Seems simple and sensiblebut its almost always a bad idea.
A joint will becomes irrevocable when one partner passes away. This means that the surviving partner has no power to change the will, or how the estate will be distributed. This could present a major problem if their circumstances change.
In order for a Will that is executed in South Carolina to be valid it must be (i) in writing, (ii) signed by the person making the Will (or signed for them by another person at their direction and in their presence), and (ii) signed by two witnesses.
In general, you can change your will without informing your spouse. (One big exception to this would be if one of you has filed for divorce and there is a restraining order on assets.)

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