Creating a valid will is one of the most important steps you can take to make sure your wishes are honored after your death. As part of a comprehensive estate planning strategy, a properly executed plan minimizes confusion and conflict among heirs.
However, disputes can arise when family members or other beneficiaries believe the will is unfair, suspicious, or illegal. A will can only be contested under certain circumstances, and specific legal grounds must be established.
At the Nelson Law Firm, we're here to assist you with estate planning in Beaufort County, South Carolina. If you're concerned about the validity of a will or facing a challenge to a will in probate court, our legal team will help you understand how and when a will can be contested.
When Can a Will Be Contested in South Carolina?
A will can only be contested after the person who created it (the “testator”) has passed away and the will has been submitted for probate. Contesting a will is a legal process; a challenge must be filed with the appropriate probate court within a specific time frame.
Under South Carolina law, a will must be contested within eight months after the testator’s death or six months after the will is admitted to probate - whichever is later. If you wait too long, you may lose your right to challenge the will altogether.
Importantly, only individuals with “standing” - those directly affected by the outcome - can file a will contest. This typically includes:
Heirs at law (people who would inherit if there were no will)
Named beneficiaries in the current or prior will
Creditors (in certain situations)
If you're considering challenging a will, you must act quickly and work with a probate attorney familiar with state laws. Understanding your rights and responsibilities in this part of the estate planning process can make a significant difference in protecting your interests.
Lack of Testamentary Capacity
One of the most common grounds for contesting a will is that the testator lacked “testamentary capacity” when they created or modified the document. In South Carolina, this means the person must have had the mental ability to:
Understand they were creating a will
Comprehend the nature and extent of their property
Know who their heirs or beneficiaries were
Form a rational plan for distributing their assets
While this is a relatively low bar, it becomes a key issue if the testator was suffering from dementia, Alzheimer’s, mental illness, or was under the influence of drugs or medication at the time of drafting the will.
Evidence used to challenge testamentary capacity might include:
Medical records
Testimony from doctors or caregivers
Witness statements
Timing of the will in relation to illness or hospitalization
If a court finds the testator lacked capacity, the will—or at least the portions affected—may be declared invalid.
Undue Influence
Another major reason wills are contested is the suspicion of undue influence. This occurs when someone pressures or manipulates the testator into changing their will to benefit them unfairly, often at the expense of other heirs.
South Carolina courts look for several indicators of undue influence:
Was the testator particularly vulnerable or dependent on the influencer?
Did the influencer have a confidential or fiduciary relationship with the testator?
Was the influencer involved in preparing the will?
Did the new will result in a significant and unexpected change in inheritance?
For instance, if a caregiver, new romantic partner, or distant relative unexpectedly inherits the majority of an estate, particularly at the expense of close family members, it can be a significant cause for concern.
Undue influence is a concern frequently addressed during estate planning, particularly when individuals are aging or have complicated family dynamics.
Proving undue influence requires substantial evidence, often including witness testimony, emails, or letters. It’s not enough to show someone was persuasive; the influence must rise to the level of overcoming the testator's free will.
Fraud or Forgery
A will can also be contested if it was created through fraud or forgery. These are serious allegations that can carry criminal consequences and invalidate the will.
Common examples include:
Forgery: Someone signing the testator’s name to a fake will
Fraud in the execution: Tricking the testator into signing a will that they didn’t know they were signing
Fraud in the inducement: Lying to the testator to influence the terms of the will (e.g., telling them a family member died to get them disinherited)
These risks highlight the importance of careful and transparent estate planning, particularly when significant assets or family relationships are involved.
Proving fraud or forgery requires forensic document analysis, handwriting experts, and persuasive witness testimony. If a court determines the will was fraudulent, it will be set aside in favor of a prior valid will or the rules of intestate succession (South Carolina’s process for distributing estates without a will).
Failure to Follow Legal Formalities
A will may be contested and declared invalid if it fails to comply with South Carolina’s legal formalities for execution. These requirements must be met for a will to be legally recognized.
According to South Carolina Code § 62-2-502, a valid will must be:
In writing
Signed by the testator (or by someone else at the testator’s direction and in their presence)
Witnessed by two individuals, who must sign the will in the testator’s presence
The will may be considered void if these steps aren’t properly followed. For instance, a will that wasn’t witnessed or was only signed electronically may not stand up in court unless it qualifies as a valid “electronic will” under South Carolina’s Uniform Electronic Transactions Act (UETA), and even then, only under strict conditions.
Proper estate planning under an attorney's guidance is necessary to make sure that all technical requirements are fulfilled and the will can withstand legal scrutiny.
In some cases, a partially valid will may be enforced in part if only certain portions are defective, but this depends on the specific facts of the case.
Contesting a will in South Carolina can be a complicated and often emotional legal battle. If you believe a loved one was manipulated, lacked capacity, or their final wishes aren’t being honored due to fraud or technical errors, you can seek justice and make sure that your loved one’s true intentions are respected.
On the other hand, if you’re defending a will against such claims, protecting the integrity of the deceased’s wishes requires strategic legal guidance and a thorough understanding of the law.
In both scenarios, which often arise in the broader context of estate planning, the stakes can be high. They can affect not only finances but also family relationships, legacies, and the preservation of important personal values.
Speak to a Probate Attorney Today
If you’re located in Beaufort County, South Carolina, or the surrounding areas and have questions about contesting a will or want to make sure your estate planning is done right, the Nelson Law Firm is here to help. Call today to schedule a consultation and get the guidance you need to protect your future.
