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How can I challenge a will in South Carolina?

| Mar 10, 2021 | Probate Litigation |

Challenging someone’s last will and testaments can be a difficult task. Unless you have a legitimate reason to suspect that the will isn’t valid, it’s near impossible to contest a will after a person’s passed. If you’re considering challenging a will in the state of South Carolina, you would need to make sure it meets certain criteria.

When can a will be declared invalid?

Because it’s so hard to argue one aspect of a will, the only way to send a will or item of the will to probate litigation would be to prove that the whole will is invalid. This happens if it’s found:

  • The will doesn’t match the state’s laws. This is the easiest way to get a will thrown out, since each state has very specific laws.
  • The deceased was influenced or incapable of making an informed decision on it. This can happen if the now deceased was struggling with some form of dementia or Alzheimer’s when the will was signed.
  • The will is deemed fraudulent, or it’s proven that the deceased didn’t know they were signing a will at the time. This is hardest to prove.

What do I need to know before I challenge a will?

The most important thing to know is that the process of invalidating a will can be very expensive and time-consuming. It can take several months to prove that a will is fraudulent or invalid. And since the process is so difficult, it’s possible that you’ll spend a lot of money and time only to find out it’s completely valid.

Reach out to an attorney

If you believe that a will is fraudulent or otherwise invalid, you should absolutely move forward with challenging it. Reach out to an attorney today to learn about your options.