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.
Nearby Sections
15
§ 62-1-100
Effective date.§ 62-1-101
Short title.§ 62-1-102
Purposes; rules of construction.§ 62-1-104
Severability.§ 62-1-105
Construction against implied repeal.§ 62-1-106
Effect of fraud and evasion.§ 62-1-107
Evidence as to death or status.§ 62-1-108
Acts by holder of general power.§ 62-1-111
Authority to award costs and expenses.§ 62-1-112
Inherent power of court.§ 62-1-201
General definitions.§ 62-1-301
Territorial application.Cite This Page — Counsel Stack
Bluebook (online)
South Carolina § 62-2-604, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/62-2-604.