Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust in the administration of a trust or of the estate of a decedent, infant, lunatic or insolvent may have a declaration of rights or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;
(2) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
HISTORY: 1962 Code Section 10-2005; 1952 Code Section 10-2005; 1948 (45) 2014.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 53 - Declaratory Judgments
Section 15-53-10. Short title.
Section 15-53-20. Courts of record may declare rights, status and other legal relations.
Section 15-53-40. Construction of contract before or after breach.
Section 15-53-50. Rights under trust or estate of decedent, infant, lunatic or insolvent.
Section 15-53-60. Enumeration is no restriction on general powers.
Section 15-53-70. Declaratory judgment may be refused.
Section 15-53-90. Determination of facts; jury trials.
Section 15-53-110. Review of declaratory judgments.
Section 15-53-120. Granting of further relief based on declaratory judgment.
Section 15-53-130. Chapter shall be construed liberally.
Section 15-53-140. Chapter intended to make uniform the laws of the states.