Do I really need a will? It’s one of the top questions our estate planning clients ask the experienced probate attorneys at Gil Gatch Law. Yes, almost everyone can benefit from executing a valid South Carolina will or living will (trust), even if the provisions copy the state’s default inheritance laws. Our Dorchester County estate planning team helps clients understand why executing a valid will in South Carolina is an essential step in securing their future.
Purpose of Drafting Wills in South Carolina
Having a valid will serves multiple purposes. We generally recommend our clients – regardless of age – execute a written South Carolina will for the following reasons:
Choosing Your Heirs
Not all family is blood. When someone passes away without a will, South Carolina’s default inheritance laws are triggered. These laws determine who gets your estate and even your pets. Generally, your estate passes in the following priority order:
- Spouse if no surviving children
- Spouse (50%) and surviving children (50%)
- Children, grandchildren, and great-grandchildren (no spouse)
- Parents
- Grandparents, aunts, uncles, nieces, and nephews
- Distant relations (great-grandparents and cousins)
You have the right to control the distribution of your estate through a will, especially if your heirs are not blood relations. You should work with legal counsel to draft a strong will, even including specific reasons and estate letters, if you’re significantly deviating from state inheritance laws. This process can prevent your intestate (default) heirs from challenging the will in Dorchester County probate court.
Set Asset Terms and Conditions
If you have certain special assets – such as a beloved pet, family home, painting, or classic car – you can use a will to set the terms of inheritance. For example, you can leave your vehicle to your niece on the condition that she never sells it. Your legal heirs can distribute your assets as they wish if you don’t have a will.
Prepare for Unexpected Circumstances
South Carolina wills can also include backup heirs to ensure that the passing of your primary heir, such as a father, will not impact your wishes. Drafting a thorough will now can give your family peace of mind for the future.
Executing Valid Wills in Summerville, SC
Many online legal services offer discounted wills drafted using an online questionnaire. While this may seem enticing, these wills can be easily challenged in court and often fail to address the nuances of state law. If you live in Summerville, you must execute a will based on South Carolina law (SC Code § 62-2-502) to ensure validity. These specific formalities include making sure the will is put in writing and signed before two witnesses, who must also sign. Additionally, the signer must attest that they are of sound mind and are executing the document voluntarily.
A Trusted Wills Attorney in Summerville, SC
Working with the experienced South Carolina estate planning lawyers at Gil Gatch Law is the best way to prevent family disputes and provide for your loved one’s future. Schedule a confidential will and estate consultation with our dedicated probate team today by calling (843) 800-2020 or connecting with us online.