How Wills Are Challenged in South Carolina
What is a Will Contest?
A will contest is a formal challenge in probate court to the validity of a deceased person’s will. If you believe a loved one’s will does not reflect their true intentions—due to pressure, diminished capacity, or improper execution—you may be able to contest the will and protect your rights as an heir or beneficiary. South Carolina courts take will contests seriously and require specific legal grounds and evidence.
Who Can Challenge a Will in South Carolina?
Only interested parties—such as heirs, beneficiaries, or those who would inherit if there were no will—may contest a will in South Carolina. Will contests must be filed promptly, generally within eight months of the will being admitted to probate.
Grounds for Contesting a Will in Charleston
South Carolina law recognizes several legal grounds for challenging a will:
Lack of Testamentary Capacity
The person making the will (“testator”) must have understood the nature and extent of their assets and who their natural heirs are. If the testator suffered from dementia, severe illness, or another impairment at the time the will was signed, the will may be declared invalid.
Undue Influence
A will can be challenged if someone exerted extreme pressure or manipulation over the testator—overriding their true wishes. Signs of undue influence may include:
- The testator was isolated from family or friends
- Sudden or drastic changes to the will
- A beneficiary who is involved in preparing the will or controlling access to the testator
- The will leaves assets in an unexpected way or heavily favors a new person
Improper Execution
South Carolina requires wills to be in writing, signed by the testator, and witnessed by at least two people. Wills not properly executed under these rules can be challenged and set aside.
Fraud or Forgery
If a will was signed under false pretenses or was forged, it may be declared void.
How to Challenge a Will in Charleston
To contest a will in South Carolina:
- Act quickly—file your claim in probate court within the deadline after probate is opened.
- Consult an experienced estate litigation attorney—evaluating the will, gathering evidence, and understanding your chances is crucial.
- Prepare evidence—medical records, witness statements, and financial documents can be critical.
- Attend court hearings—the judge will review all evidence and may call witnesses to testify.
Contesting a will can be emotionally and financially taxing, but it may be necessary to protect your loved one’s true intentions or your inheritance rights.
For more on probate and the court process, see our Probate & Estate Administration page.