What estate planning documents must be witnessed?

In South Carolina, any written estate planning document must be signed and witnessed by two persons who are not family members or beneficiaries of the estate. Common estate planning documents that require witnessing include a Last Will and Testament, Durable Power of Attorney, Living Will, and Trust Document. When a Last Will and Testament is signed, two witnesses should be present to sign their own names as witnesses to the Will. These witnesses must watch as the testator (the individual creating the Will) signs the document and must also sign the Will in the presence of the testator. A Durable Power of Attorney requires two witnesses to be present when the document is signed. These witnesses must watch as the grantor (the individual granting the Power of Attorney) signs the document and must also sign the document in the presence of the grantor. A Living Will should also be signed in the presence of two witnesses. These witnesses must watch as the testator signs the document and must also sign the document in the presence of the testator. Finally, a Trust Document is another estate planning document which requires two witnesses when it is signed. The witnesses must watch as the trustor (the individual setting up the trust) signs the document, and must also sign the document in the presence of the trustor. It is important to note that South Carolina law requires all of these documents to be witnessed in order to be legally valid.

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