South Carolina Statutes

§ 62-2-701 — Contracts concerning succession.

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

A contract to make a will or devise, or to revoke a will or devise, or not to revoke a will or devise, or to die intestate, if executed after the effective date of this act, can be established only by (1) provisions of a will of the decedent stating material provisions of the contract;

(2)an express reference in a will of the decedent to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract and extrinsic evidence proving the terms of the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.

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Related

In Re Estate of Cumbee
511 S.E.2d 390 (Court of Appeals of South Carolina, 1999)
22 case citations
Wright v. Trask
495 S.E.2d 222 (Court of Appeals of South Carolina, 1997)
8 case citations
Carmichael v. Heggie
506 S.E.2d 308 (Court of Appeals of South Carolina, 1998)

Legislative History

HISTORY: 1986 Act No. 539, SECTION 1; 1990 Act No. 521, SECTION 28; 2013 Act No. 100, SECTION 1, eff January 1, 2014. Part 8 General Provisions

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