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  1. #1
    Join Date
    Mar 2019

    Default South Carolina Will Requirements for Witness Signing when Executing a Will

    My question involves technicality of signing a will as a witness in South Carolina. I see that most wills in South Carolina have the witnesses sign above their printed name and address and their signature is dated, then the notary signs and applies her seal with printed name below that. I have read that higher courts say that every technicality is important because the law is there for a reason, even though some courts feel small technicalities are hyper technicalities, and can be over looked.

    If the witnesses sign with their name, and just there city, and state listed as address, and their typed or printed name is not below their signature, In addition the Notarial act is on the next page with the notary signature and without the witness signatures on that page, is the will properly executed?

  2. #2
    Join Date
    Jul 2018

    Default Re: South Carolina Will Requirements for Witness Signing when Executing Document

    The requirements for a valid will under South Carolina law are set forth in section 62-2-502 of the South Carolina Code of Laws:

    1. The will must be in writing;
    2. The will must be "signed by the testator or signed in the testator's name by some other individual in the testator's presence and by the testator's direction;" and
    3. The will must be "signed by at least two individuals each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will."

    There is no requirement for notarization or witness addresses or anything of that sort.

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