What the rule says
South Carolina provides two pathways to a valid will under the UPC framework:
Attested wills (S.C. Code Ann. § 62-2-502)
A valid South Carolina attested will requires:
1. A writing. 2. The testator's signature. 3. Two competent witnesses. Two witnesses must sign the will within a reasonable time after each witnessed either the testator's signing or the testator's acknowledgment.
South Carolina follows the UPC approach allowing witnesses to sign within a reasonable time.
Harmless-error doctrine (S.C. Code Ann. § 62-2-503)
South Carolina has adopted the harmless-error rule. Defective documents can be probated with clear and convincing evidence of testamentary intent.
Holographic wills
South Carolina does not have a separate holographic will statute. Handwritten unwitnessed wills are not recognized as a separate will type, but the harmless-error rule may allow such documents to be probated.
Self-proving affidavits
Under S.C. Code Ann. § 62-2-503, a will accompanied by a self-proving affidavit can be admitted to probate without requiring witness testimony.
What you can do about it
For a South Carolina will execution:
- Have the testator and at least two competent witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses.
Who this affects most
South Carolina's UPC framework reduces execution risk through the combination of standard witnessing and harmless-error backup.