• Anyone planning an estate in South Carolina should understand the laws for writing a will.signing a contract image by William Berry from Fotolia.com
  
  South Carolina laws for writing a will ensure that the testator's wishes for the distribution of his assets and personal belongings goes according to his desires. The testator or decedent may also leave instructions for the care of minor children and name an executor for the estate. The executor, upon approval by the court, manages the assets, pays the estate's bills and makes the final distribution of the assets. A will avoids the time and cost associated with the probate that occurs when someone dies without leaving a valid will.
  
  

Requirements

• Anyone who has a sound mind and is 18 or older may write a will. The rules require two witnesses to observe the testator signing or acknowledging the document. Generally, the testator may name anyone as a beneficiary. However, a witness named as a beneficiary in the will cannot receive a bequest unless the person has eligibility under South Carolina's succession regulations to accept a bequest. The decedent's spouse has the option of receiving one-third of the estate or a distribution according to the will.
  
  

Changing or Revoking a Will

• The testator may modify a will with a codicil. This document contains alterations or additions to the original will. It should follow the protocols of South Carolina regulations for creating a valid will. Testators may also revoke provisions of a will or the complete will at any time. The act of burning, destroying or otherwise destroying the will by the testator also revokes the document. A divorce or an annulment may revoke a will when the action causes contradictions in the document. If the testator remarries the former spouse, the reunion restores the old will.
  
  

Omission of Child or Spouse

• South Carolina laws states that the spouse of the deceased and his children must receive a part of the decedent's estate. In the absence of the name of the spouse or a child in the will, the omitted party may still receive a portion of the estate in accordance with the state's succession laws. If the probate court determines the omission as intentional on the part of the deceased, the child or spouse may not inherit any part of the decedent's estate. A child conceived by the decedent's death, and born within 10 months after the person's death, has the same succession rights as the other heirs.
  
  

Limitations

• South Carolina laws allow the surviving spouse to accept a gift under a valid will or take the portion of the estate as defined by South Carolina's succession regulations. The executor cannot distribute an asset that has a named beneficiary, such as a life insurance policy or a jointly owned property with the rights of survivorship. This type of property automatically passes to the survivor.