Is an on-line Will legal?

UPDATED: Jan 8, 2013

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Is an on-line Will legal?

Asked on January 8, 2013 under Estate Planning, South Carolina


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

An on-line will may or may not be valid.  Each state has statutes that require a will to be signed and witnessed in a particular way. If the online will complies with the statute, it is valid.

Apparently, South Carolina requires a will to be in writing, signed at the end by the testator, and signed by two witnesses to the testator's signature.  A South Carolina will can also be "self proving" if the testator and witnesses sign an affidavit before a notary.  If you have questions, you should call a South Carolina estate lawyer and ask if the specific will meets the statutory requirements.

Whether an on-line will achieves the goals and purposes that the testator desires is a different question.  If you do not understand how to prepare a will, or do not understand any of the on-line questions, I strongly recommend hiring a lawyer to prepare your will.  It costs far less to have a lawyer prepare the will than to clean up problems later.

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.

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