(a) Rights at death of a party under Section 62-6-202 are determined by the terms of the account at the death of the party. A party may alter the terms of the account by a notice signed by the party and given to the financial institution to change the terms of the account or to stop or vary payment under the terms of the account. To be effective the notice must be received by the financial institution during the party's lifetime.
(b) A right of survivorship arising from the express terms of the account under Section 62-6-202 may be altered by clear and convincing evidence, including but not limited to express provisions in a will.
(c) A multiple-party account of husband and wife is presumed to be joint with right of survivorship unless clear and convincing evidence shows survivorship was not the intent of the party.
HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
Structure South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 6 - Nonprobate Transfers
Section 62-6-101. Definitions.
Section 62-6-102. Applicability of article.
Section 62-6-104. Short forms for single- and multiple-party accounts.
Section 62-6-105. Designation of agent; authority of agent.
Section 62-6-106. Applicability of Part 2.
Section 62-6-201. Ownership during lifetime.
Section 62-6-202. Right of survivorship.
Section 62-6-203. Rights of parties and beneficiaries.
Section 62-6-204. Transfers not testamentary.
Section 62-6-205. Rights of creditors.
Section 62-6-301. Contract of deposit for a multiple-party account.
Section 62-6-302. Multiple-party accounts may be paid on request to one or more parties.
Section 62-6-303. Payment of POD account.
Section 62-6-304. Payment to agent.