This is a multi-state form covering the subject matter of the title.
South Carolina Complaint to Contest Will
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(c) a proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within eight months from informal probate or one year from the decedent's death, whichever is later.
If you live in South Carolina and die without a valid will and have only a surviving spouse (but no children), your spouse gets everything. If you have children and you die intestate in South Carolina, your spouse inherits half of your estate while your children get the other half evenly.
Calhoun v. Calhoun, 277 S.C. 527, 532, 290 S.E.2d 415, 418 (1982): The undue influence necessary to invalidate a will must reach a level of force and coercion, not the influence of affection and attachment nor the mere desire of gratifying the wishes of another.
The main purpose of this kind of clause, however, is to put beneficiaries in fear of losing their inheritance if they challenge the will in court. Most estate planning lawyers in South Carolina recommend a no contest clause. They are common in other states as well, and for good reason.
How Much Time Do I Have? South Carolina has a limited time frame for which a person can contest a will. A person withstanding to contest the will must do so within eight months of the informal probate proceedings or one year after the decedent's death, whichever date is later.
The Estate Settlement Timeline: While there is no specific deadline for this in South Carolina law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.
Lack of formalities. Wills must be properly drafted, witnessed, and signed in ance with various requirements under state law. An estate litigation lawyer can explain more details about these formalities. Without them, the will may not be valid.
