What are Grounds for Contesting a Will in South Carolina?
Like every state, there are various grounds for contesting a will in South Carolina. It is important to understand these arguments, regardless of which side of the issue you may find yourself on in the future. In order to prepare your estate properly or to challenge a will you feel is inappropriate, you will need to know the grounds for contesting a will in South Carolina. Some states do have a “no-contest” clause, which, when enforced, prevents anyone from contesting the document. Beneficiaries must accept the will as written or getting nothing at all. Under South Carolina law, a no-contest clause is unenforceable if the challenger has probable cause for instituting procedures. The probable causes, or grounds, include establishing undue influence, fraud, duress, mistake, revocation or lack of testamentary intent or capacity. The first requirement for contesting a will in South Carolina, is the challenger must have a connection to the will and be harmed by its contents. To challenge a
