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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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What is the likely hood a will won,t go threw if it,s witness

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What is the likely hood a will won,t go threw if it,s witness but not notoriety.
Thank you for your question.

I need a bit more information to answer your question. What state are you filing for probate? Also, how many witnesses are there on the Will?

Thank you,

John
Customer: replied 3 years ago.

South carolina,and 2 witnesses

So long as both witnesses are still around to testify or sign an affidavit the Will can absolutely be admitted to probate.

 

In South Carolina, a Will must be in writing, signed by the testator and by two witnesses. Each witness must sign the Will in the testator’s presence. (See: Section 62-2-502)

 

Generally, it is recommended that the witnesses to the Will be “disinterested”, which means that they are not a beneficiary of the Will. In South Carolina, the signing of a Will by an interested witness does not invalidate the Will but the gift to the witness is void unless there are at least two disinterested witnesses to the Will. (See: Section 62-2-504)

 

If a Will’s authenticity is unchallenged it may be probated in a simplified procedure if it has been self-proven. Since this will has not been notarized it is not self-proven. Since the Will is not self-proven the witnesses to a self-proven Will are required to testify in court. (See: Section 62-2-503)

 

 

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Thank you,

John

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