South Carolina § 62-2-506 Revocation by writing or by act.

South Carolina Statutes

§ 62-2-506 — Revocation by writing or by act.

South Carolina § 62-2-506

Title 62SOUTH CAROLINA PROBATE CODE

Ch.ARTICLE 2 - INTESTATE SUCCESSION AND WILLS

This text of South Carolina § 62-2-506 (Revocation by writing or by act.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 62-2-506 (2026).

Text

(a)A will or any part thereof is revoked:

(1)by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (2) by being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction.

(b)If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.

(1)The testator is presumed to have intended a subsequent will to replace rather than to supplement a previous will if the subsequent will makes a complete disposition of the testator

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(a) A will or any part thereof is revoked: (1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (2) by being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction. (b) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will. (1) The testator is presumed to have intended a subsequent will to replace rather than to supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked and only the subsequent will is operative on the testator's death. (2) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will and each will is fully operative on the testator's death to the extent they are not inconsistent.

Legislative History

HISTORY: 1986 Act No. 539, SECTION 1; 2013 Act No. 100, SECTION 1, eff January 1, 2014. Effect of Amendment The 2013 amendment inserted subsection designator (a); in subsection (a)(1) inserted "executing" before "a subsequent will"; added subsection (b), relating to a subsequent will not expressly revoking a previous will; and made other nonsubstantive changes.