can a husband and wife make a joint will in south carolina

Asked on June 29, 2009 under Estate Planning, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes.  Joint or Mutual Wills are valid in all States except Louisiana.  There are pluses and minuses to having a Joint Will and you should discuss all you options with the attorney when drafting the Wills. These types of Wills are considered contracts between spouses and are binding on the distribution of the property.  In other words, the surviving spouse would be hard pressed to change it.  It is different from a Reciprocal Will where you leave everything to eachother upon death and then the survivng spouse can distribute the inherited estate as they see fit later on.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.