Can a deceased person legally bequeath gifts that are not recorded in a will?
Question Details: My father passed away almost a year ago. In 2004, he drafted a very generic will. A few years later he created what he termed to be a "Net Worth Sheet" that specifically outlined his insurance policies/amounts, who to contact upon his death (he was a ex-veteran), any liabilities, and the distribution of his assets (e.g., I will Tracy my car). Although my father informed his heirs of the form, it was not signed or notarized. It is legally binding? Would the form fall within the category of a codicil?
Wills, Trusts, Probate Law Answers
I am sorry for your loss. Codicils have to be executed with the same formality as a Will and with the same type of language. It should be signed by the decedent as well as attesting witnesses.
Even if you wanted to go the route of calling it a handwritten Will - or holographic - it is not signed and unfortunately South Carolina does not recognize them.
I would strongly suggest that you seek legal help in your area. Sometimes if Wills are challenged evidence as to the testators wishes can be introduced as long as they are authenticated. You should discuss what your options are. Good luck.
Related Wills, Trusts, Probate Questions
- When There Are Not Enough Assets to Cover the Deceased’s Debts, and There Is a Will
- When does a gift become subject to the federal gift tax?
- What is the effect of senility on a will's validity?
- When must I report my gifts for federal gift tax purposes?
- Changing Economic and Financial Status Prompt Review of Your Will
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen210 Answers|Points 10500Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga79 Answers|Points 3900Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen210 Answers|Points 10500Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga79 Answers|Points 3900Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
- Questions from South Carolina
- Wills, Trusts, Probate Law Questions
- South Carolina Wills, Trusts, Probate Law Questions
 |