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Legal Last Will and Testament Form for Divorced person not Remarried with Minor Children - South Carolina

Legal Last Will and Testament Form for Divorced person not Remarried with Minor Children - South Carolina 2025

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The document provides detailed instructions for completing a Last Will and Testament specifically for individuals in South Carolina who are divorced, not remarried, and have minor children. It outlines the necessary fields to fill out, including personal information, details about children, specific bequests of property, the appointment of guardians and trustees, and the powers granted to personal representatives. The document emphasizes the importance of proper execution in front of witnesses and a notary public to ensure the will is valid and can be probated.

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What makes a will legal in South Carolina?

Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testators name in his presence, by his direction.

Does marriage override a will in South Carolina?

(S.C. Code 62-2-109 (2024).) Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.

What are the factors used to determine if a will is valid?

You must sign the living will in front of a notary public and two witnesses (one can be the notary public). If you are a patient in a hospital or a resident in a nursing home and wish to sign a living will, someone from the S.C. Ombudsmans Office must be a witness.

What makes a will invalid in South Carolina?

The will must be in writing, signed by the testator or by someone else at the testators direction and in their presence. It must also be signed by at least two witnesses. The will must be notarized.

What are the requirements for a will to be valid in SC?

You must be of sound mind. You must sign the Will in front of two witnesses. Your witnesses must sign the Will in your presence. The Will must be in writing.

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