South Carolina

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

62-2-501, et seq.

Operative Facts

1. Declaration must set out intent for no lifesustaining procedures
2. document must be signed
3. document must be dated
4. must be made in presence of an officer authorized to administer oaths
5. must be made in the presence of 2 witnesses
6. substantially same as §44-77-50
7. not effective during course of declarants pregnancy
8. terminal condition must be certified by 2 examining physicians (permanent unconsciousness must be at least for 90 days or with high degree of medical certainty and must be given active treatment for at least 6 hrs. following diagnosis before physician can give effect to declaration)

Age of Testator

Sound mind and not a mino

Number of Witnesses Required

Signed by at least two persons each of whom witnessed either the signing or testators acknowledgment of signature or of will.

Oral Will Recognition

No statutory recognition of soldiers’ and mariners’ wills of personalty nor nuncupative wills of personalty.

Holographic Will Recognition

Impliedly forbidden by statute unless specifically recognized by valid out-of-state execution or out-ofstate probate.