Can a will override an intestate succession?
Yes, a will can override intestate succession in South Carolina. Intestate succession is the order in which property is distributed if someone dies without a will. It is determined by state law, and in South Carolina, the property is divided among the deceased’s closest relatives, beginning with surviving spouses and children. A will, however, can supersede the state’s intestate succession laws. If a person dies with a valid will in South Carolina, then the property is distributed according to the instructions within the will, regardless of what the intestate succession laws may say. This means that the will can name particular beneficiaries and assign specific assets to them. Therefore, if a person dies with a valid will in South Carolina, it will have precedence over the state’s intestate succession laws and the property will be distributed according to the instructions in the will. It is important to remember that a will must be valid for it to override an intestate succession. A will must be made in writing, signed by the person creating it (known as the “testator”) in the presence of two witnesses who must also sign the will in the presence of the testator and each other. If a person dies with a will that does not meet these requirements, then the intestate succession laws would apply instead.
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