(a) Any will may be simultaneously executed, attested, and made self-proved. The self-proof shall be effective upon the acknowledgment by the testator and the affidavit of at least one witness, each made before an officer authorized to administer oaths under the laws of the state where execution occurs and evidenced by the officer's certificate, under official seal, in the following form or in a similar form showing the same intent:
I, __________, the testator, sign my name to this instrument this ___ day of __________, 20___, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older (or if under the age of eighteen, am married or emancipated as decreed by a family court), of sound mind, and under no constraint or undue influence.
We, __________ and __________, the witnesses, sign our names to this instrument, and at least one of us, being first duly sworn, does hereby declare, generally and to the undersigned authority, that the testator signs and executes this instrument as his last will and that he signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is eighteen years of age or older (or if under the age of eighteen, was married or emancipated as decreed by a family court), of sound mind, and under no constraint or undue influence.
(b) An attested will may at any time subsequent to its execution be made self-proved by the acknowledgment thereof by the testator and the affidavit of at least one witness, each made before an officer authorized to administer oaths under the laws of the state where the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached, or annexed to the will in the following form or in a similar form showing the same intent:
The State of __________ County of __________ We, __________ and __________, the testator and at least one of the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last will and that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and to the best of his knowledge the testator was at that time eighteen years of age or older (or if under the age of eighteen, was married or emancipated as decreed by a family court), of sound mind, and under no constraint or undue influence.
(c) A witness to any will who is also an officer authorized to administer oaths under the laws of this State may notarize the signature of the other witness of the will in the manner provided by this section.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 12; 1988 Act No. 659, Section 15; 2013 Act No. 100, Section 1, eff January 1, 2014.
Effect of Amendment
The 2013 amendment, in each form, inserted the parenthetical regarding age, marriage and emancipation.
Structure South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 2 - Intestate Succession And Wills
Section 62-2-101. Intestate estate.
Section 62-2-102. Share of the spouse.
Section 62-2-103. Share of heirs other than surviving spouse.
Section 62-2-104. Requirement that individual survive decedent for one hundred twenty hours.
Section 62-2-106. Representation; disclaimer by intestate beneficiary.
Section 62-2-107. Kindred of half blood.
Section 62-2-108. Afterborn heirs.
Section 62-2-109. Meaning of child and related terms.
Section 62-2-110. Advancements.
Section 62-2-111. Debts to decedent.
Section 62-2-113. Persons related to decedent through two lines.
Section 62-2-201. Right of elective share.
Section 62-2-202. Probate estate.
Section 62-2-203. Exercise of right of election by surviving spouse.
Section 62-2-205. Proceedings for elective share; time limit.
Section 62-2-206. Effect of election on benefits by will or statute.
Section 62-2-301. Omitted spouse.
Section 62-2-302. Pretermitted children.
Section 62-2-401. Exempt property.
Section 62-2-402. Source, determination, and documentation.
Section 62-2-403. Federal veteran payments shall be exempt from creditors' claims.
Section 62-2-501. Who may make a will.
Section 62-2-503. Attestation and self-proving.
Section 62-2-505. Choice of law as to execution.
Section 62-2-506. Revocation by writing or by act.
Section 62-2-508. Revival of revoked will.
Section 62-2-509. Incorporation by reference.
Section 62-2-510. Additions to trusts.
Section 62-2-511. Events of independent significance.
Section 62-2-512. Separate writing identifying bequest of tangible property.
Section 62-2-601. Rules of construction and intention; reformation of will.
Section 62-2-602. Construction that will passes all property; after-acquired property.
Section 62-2-603. Anti-lapse; deceased devisee; class gifts.
Section 62-2-604. Failure of testamentary provision.
Section 62-2-605. Change in securities; accessions; nonademption.
Section 62-2-607. Nonexoneration.
Section 62-2-608. Exercise of power of appointment.
Section 62-2-610. Ademption by satisfaction.
Section 62-2-611. Construction that devise passes fee simple.
Section 62-2-701. Contracts concerning succession.
Section 62-2-804. Effect of provision for survivorship on succession to joint tenancy.
Section 62-2-805. Presumption of ownership of tangible personal property; exceptions.
Section 62-2-806. Modification to achieve testator's tax objectives.
Section 62-2-901. Delivery of will to judge of probate; filing.
Section 62-2-1010. Definitions.
Section 62-2-1015. Application of part.
Section 62-2-1020. User direction for disclosure of digital assets.
Section 62-2-1025. Terms-of-service agreement.
Section 62-2-1030. Procedure for disclosing digital assets.
Section 62-2-1035. Disclosure of content of electronic communications of deceased user.
Section 62-2-1040. Disclosure of other digital assets of deceased user.
Section 62-2-1045. Disclosure of content of electronic communications of principal.
Section 62-2-1050. Disclosure of other digital assets of principal.
Section 62-2-1055. Disclosure of digital assets held in trust when trustee is original user.
Section 62-2-1065. Disclosure of other digital assets held in trust when trustee not original user.
Section 62-2-1070. Disclosure of digital assets to conservator of protected person.
Section 62-2-1075. Fiduciary duty and authority.
Section 62-2-1080. Custodian compliance and immunity.
Section 62-2-1085. Uniformity of application and construction.
Section 62-2-1090. Electronic Signatures in Global and National Commerce Act.