South Carolina Statutes

§ 62-2-604 — Failure of testamentary provision.

South Carolina § 62-2-604
JurisdictionSouth Carolina
Title 62SOUTH CAROLINA PROBATE CODE
Ch.ARTICLE 2 - INTESTATE SUCCESSION AND WILLS

This text of South Carolina § 62-2-604 (Failure of testamentary provision.) 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. § 62-2-604 (2026).

Text

(A)Except as provided in Section 62-2-603, if a devise other than a residuary devise fails for any reason it becomes a part of the residue.
(B)Except as provided in Section 62-2-603 if the residue is devised to two or more persons, the share of the residuary devisees that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue.

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Related

McDaniel v. Gregory
401 S.E.2d 863 (Supreme Court of South Carolina, 1990)
Roberts v. The Health Science Foundation
(Court of Appeals of South Carolina, 2016)

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 changed the subsection designators from lower case to upper case, and made other nonsubstantive changes.

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Bluebook (online)
South Carolina § 62-2-604, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/62-2-604.