Article I - Identification
Testator: [[Testator Full Name]], Social Security Number (last four): [[Last Four SSN]], born [[Date of Birth]].
Residence: [[Testator Full Address]], [[City]], South Carolina [[ZIP]] at the time of execution of this Will.
Article II - Family Information
I am [[married / not married]] to [[Spouse Full Name, if applicable]].
I have the following children (living and deceased, if any for reference):
- [[Child 1 Full Name]], born [[DOB]].
- [[Child 2 Full Name]], born [[DOB]].
- [[Additional Children or "none"]].
If any child or other beneficiary named herein predeceases me, the share that beneficiary would have received shall pass to that beneficiary's then-living descendants, per stirpes, unless otherwise provided.
Article III - Payment of Debts, Expenses, and Taxes
My Executor shall pay from my estate all of my legally enforceable debts, funeral expenses, expenses of my last illness, costs of administration, and any estate, inheritance, or other death taxes payable by reason of my death, without requiring contribution from any beneficiary. My Executor may sell assets as necessary to pay such obligations.
Article IV - Specific Bequests
I give the following specific bequests:
- To [[Beneficiary 1 Full Name]], of [[Address]], I give [[Description of Specific Bequest 1, e.g. my diamond engagement ring and the sum of $[[Amount]] ]].
- To [[Beneficiary 2 Full Name]], of [[Address]], I give [[Description of Specific Bequest 2, e.g. all of my books and the automobile described as [[Year Make Model VIN]]]].
- To [[Charity or Organization Name, if any]], I give the sum of $[[Amount]].
If any specific beneficiary predeceases me, that bequest shall lapse and become part of my residuary estate.
Article V - Residuary Estate
I give, devise, and bequeath all the rest, residue, and remainder of my estate, of whatsoever kind and wheresoever situated, of which I shall die seized or possessed or to which I may be entitled at the time of my death (the "Residuary Estate"), to [[Residuary Beneficiary or Beneficiaries Full Name(s)]], of [[Address]], in equal shares if more than one, per stirpes.
If any residuary beneficiary predeceases me leaving surviving descendants, such descendants shall take the share their parent would have taken, per stirpes.
Article VI - Appointment of Executor
I appoint [[Executor Full Name]], of [[Executor Address]], as Executor of this Will.
If the above Executor is unable or unwilling to serve, I appoint [[Alternate Executor Full Name]], of [[Address]], as Alternate Executor.
My Executor shall have all powers granted by the South Carolina Probate Code and any other applicable law, including the power to sell, lease, mortgage, or otherwise deal with estate property without court order, to retain or invest assets, to compromise claims, and to make distributions in kind or in cash.
Article VII - Guardian for Minor Children
If any of my children are minors at the time of my death, I appoint [[Guardian Full Name]], of [[Guardian Address]], as Guardian of the person and property of such minor children.
If the above Guardian is unable or unwilling to serve, I appoint [[Alternate Guardian Full Name]], of [[Address]], as Alternate Guardian.
The Guardian shall have custody and control of the minor children and authority to make decisions regarding their health, education, and welfare consistent with South Carolina law.
Article VIII - No-Contest Clause
If any beneficiary under this Will, or any person claiming through or under any such beneficiary, directly or indirectly contests or attacks this Will or any of its provisions, or conspires with or assists anyone in contesting or attacking this Will or any of its provisions, then the share or interest of such beneficiary in my estate shall be revoked and such beneficiary shall receive only the sum of One Dollar ($1.00) in lieu of any other share or interest.
Article IX - Simultaneous Death
If any beneficiary and I die under circumstances where it is difficult or impossible to determine who survived the other, it shall be presumed that such beneficiary predeceased me.
Article X - Powers of Appointment
Any power of appointment I may possess at my death is hereby exercised in favor of my residuary beneficiaries in the proportions set forth above, unless otherwise specifically exercised by this Will.
Article XI - Digital Assets
My Executor is authorized to access, control, and dispose of my digital assets, including but not limited to email accounts, social media, cloud storage, cryptocurrency, and online financial accounts, in accordance with the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in South Carolina and any other applicable law. I authorize disclosure of all digital assets to my Executor.
Article XII - Funeral and Burial Wishes
I direct that my remains be [[buried / cremated / other disposition]] at [[Preferred Location or Funeral Home if any]]. I request [[specific wishes, e.g. a simple service / no viewing / donation to science if applicable]].
My Executor is authorized to pay reasonable funeral and burial expenses from my estate without court approval.
Article XII-A - Miscellaneous Provisions
- Headings in this Will are for convenience only and shall not affect interpretation.
- The singular includes the plural and vice versa.
- My Executor may act without bond if permitted by law.
- This Will may be executed in counterparts if necessary, though the original should be maintained as one instrument.
Article XIII - Governing Law and Construction
This Will shall be governed by and construed in accordance with the laws of the State of South Carolina.
For purposes of this Will:
- "Descendants" means lineal descendants of all degrees, including adopted descendants.
- "Per stirpes" means division by roots or stocks.
- References to "my children" include adopted children.
If any provision of this Will is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Signature of Testator
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature on this ___ day of ______________, 20___, at [[City]], South Carolina.
Signature of Testator: ____________________________________________
Printed Name: [[Testator Full Name]]
Attestation by Witnesses
The foregoing instrument was signed, published, and declared by [[Testator Full Name]], the Testator named above, to be the Testator's Last Will and Testament, and we, at the Testator's request, in the Testator's presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the date written above.
Witness 1 Signature: ____________________________________________
Witness 1 Printed Name: [[Witness 1 Full Name]]
Witness 1 Address: [[Witness 1 Address]]
Witness 2 Signature: ____________________________________________
Witness 2 Printed Name: [[Witness 2 Full Name]]
Witness 2 Address: [[Witness 2 Address]]
Self-Proving Affidavit (Optional but Recommended)
State of South Carolina
County of [[County]]
We, [[Testator Full Name]], [[Witness 1 Full Name]], and [[Witness 2 Full Name]], the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as the Testator's Last Will and Testament and that the Testator had signed willingly (or willingly directed another to sign for the Testator), and that the Testator executed it as a free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness; and that to the best of the witnesses' knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence.
Testator Signature: ____________________________________________
Witness 1 Signature: ____________________________________________
Witness 2 Signature: ____________________________________________
Subscribed, sworn to, and acknowledged before me by the Testator and the witnesses on this ___ day of ______________, 20___.
Notary Public Signature: ____________________________________________
Printed Name: ____________________________________________
My Commission Expires: ____________________________________________
(Notary Seal)
Disclaimer
This Last Will and Testament template is a sample document for use in the State of South Carolina. Execution requirements under South Carolina law generally include the Testator's signature and the signatures of two witnesses present at the same time. A self-proving affidavit can simplify probate. This template does not address all possible estate planning needs such as trusts, tax planning, or special needs provisions. South Carolina probate law (Title 62) governs administration. This document is not legal advice. The Testator should have this Will prepared or reviewed by a licensed South Carolina attorney to ensure it reflects current law, personal circumstances, and tax considerations. Laws change; information is current as of June 2026. Proper execution and safekeeping (original in safe place, copies with attorney) are essential.
End of Last Will and Testament
