Legal Question in Wills and Trusts in South Carolina

can i make an amendment to my will as long as it is witnessed and notorized?

Asked on 7/09/14, 7:43 pm

1 Answer from Attorneys

Jeremy Canipe The Canipe Law Firm, PLLC

Thanks for the question. Initially, you are wise to occasionally re-visit whether the most recent will which you have still fits what you want. In my estimate, individuals should look at their will at least every 5 years to check whether their circumstances or personal preferences have changed on anything related to their will, trust, power of attorney, or medical power of attorney.

A good estate planning lawyer will sit down with you and go through this process.

However, as to the question itself, I would not suggest trying to amend your will on your own. South Carolina does recognize a "codicil" which is a document that can amend a will. Any codicil must follow the same legal formalities as the original will under South Carolina law.

Given that computers allow for easier creation and revision of documents, and given that working with an estate planning attorney would allow you to ensure that all legal requirements are met, again, I would suggest working with a SC estate planning attorney to prepare a new will after a through consideration of your circumstances and wishes, and to ensure that you have the other documents that will allow you to ensure your wishes are carried out, financially and in terms of medical care, in the event of your incapacity due to illness or injury.

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Answered on 7/10/14, 7:37 am

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