How does an intestate succession differ from a will contest?

An intestate succession is the process of distributing a decedent’s (person who has died) property when the decedent did not leave a will. South Carolina follows an intestacy law that follows a hierarchy of who is eligible to receive the property. This typically follows a similar format to a will in terms of who is eligible to receive the property. A will contest, on the other hand, is a legal challenge that is brought against the validity of a will. In South Carolina, a will contest can be brought against a will for a variety of reasons. These include proving that the will was procured by undue influence or not executed properly. Any person who has been a beneficiary to the will or anyone who would have been a beneficiary if the will was invalid may bring a will contest. In summary, an intestate succession differs from a will contest in that with an intestate succession, there is no will to contest. The property is distributed according to the South Carolina intestacy laws. With a will contest, a person can bring a legal challenge against the validity of a will. In South Carolina, a will contest can be brought against a will for a variety of reasons to prove that the will was invalid in some way.

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How does an intestate succession differ from a will contest?

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