Is a notarized letter stating his last wishes legal in court?
Full Question:
Me and my fiance lived together for 6 years, he passed away this month. During the course of our relationship we accumlated a lot of items together. He purchased a new car which he had insurance the car would be paid for in case he passed away. He left a notorized letter stating that in the event of his untimley death his car, home and belongings would go to me. This letter was notorized in 2003. His family is not honoring his wishes and are asking for everything that they deem to belong to their brother. Does this notorized letter have a legal bearing? If so, what do I need to do to enforce it.
09/27/2007 |
Category: Wills and Estates |
State: South Carolina |
#9186
Answer:
The applicable South Carolina statute is as follows:
§ 62-2-502. Execution.
Except as provided for writings within Section 62-2-512 and wills
within Section 62-2-505, every will, shall be in writing signed by the
testator or in the testator's name by some other person in the testator's
presence and by his direction, and shall be signed by at least two persons
each of whom witnessed either the signing or the testator's
acknowledgment of the signature or of the will.
HISTORY: 1986 Act No. 539, § 1.
HISTORY: 1990 Act No. 521, § 22, eff June 5, 1990.
REPORTER'S COMMENTS
Section 62-2-502 specifies the usual requirements for the valid formal
execution of every will: a writing signed by the testator, or for him by
another, and also signed by two witnesses, witnessing either the
testator's signing or his acknowledgment of either his signature or the
will. All of these formalities were required by prior South Carolina
law, formerly Sections 21-7-20 and 21-7-50 of the 1976 code, which,
however, further required that three witnesses sign and that they do so
in the presence of the testator and of each other. The required number of
witnesses is reduced from three to two with respect to all wills executed
after June 27, 1984, the effective date of South Carolina's first statute
recognizing the device of the self-proving will affidavit, formerly
Section 21-7-615 of the 1976 code, embodied in Section 62-2-503 of this
Code. That statute might have been read by some testators to allow for
the valid execution and attestation of a will by only two witnesses. As
the policy of this Code is to require just two witnesses at testation, it
appears advisable to bring within the Code's protection any testators
whose wills were attested by but two witnesses between June 28, 1984, and
the effective date of this Code. Section 62-2-502 requires neither
subscription of the testator's signature, i.e., that it appear at the end
of the will, nor publication of the will, i.e., the testator's
announcement to the witnesses that the document is his will, nor a
specific request by the testator that the witnesses attest and sign. Each
of these practices is, however, customary and unobjectionable.
This Code does not recognize the holographic method of execution of a
will, i.e., dispensing with the witnesses but requiring that the whole
will be cast in the testator's handwriting and that it be signed by him.
Such a will is not valid in South Carolina, unless specifically by valid
out-state execution or out-state probate, which special rules are to be
found at Sections 62-2-505, 62-3-303(c) and (d), and 62-3-408 of this
Code. Further, this Code recognizes neither soldiers' and mariners' wills
of personalty nor nuncupative wills of personalty, i.e., oral wills.
The effect of Section 62-2-502 is that every will must be in an
integrated writing, signed and witnessed as described, except only as
provided in Sections 62-2-505 (written wills duly executed elsewhere) and
62-2-512 (writings disposing of tangible personal property).