South Carolina Trust and Estate Law Blog

By MillerLaw



South Carolina Trust
and Estate Law Blog

Greenville Estate Lawyer A – Z: “Capacity”

May 8, 2011

This installment of Greenville Estate Attorney A – Z is CAPACITY, as in, CAPACITY to make a Last Will and Testament. The capacity to make a Last Will is actually a lower standard than that to enter into a regular contract.

Capacity to make a Last Will requires the following:

1. The Testator (person making the Will) understands what his/her estate assets are;

2. The Testator knows the natural objects of his affections; and

3. The Testator knows to whom he/she wishes to leave his/her estate to.

This is a rather low standard, even a clinically insane person can execute a Last Will and Testament if it is done during a lucid interval. The capacity to make a Revocable Trust is actually the same as that to make a Last Will, this is stated by statute, SC Code 62-7-601.

Like any decent lawyer, I need to add a disclaimer here: unfortunately, it is impossible to offer comprehensive legal advice over the internet, no matter how well researched or written. And remember, reviewing this website and my blogs doesn’t make you a client of my Firm: before relying on any information given on this site, please contact a legal professional to discuss your particular situation.

Filed under: Estate Planning,Legal Posts — Christopher Miller

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