Is an on-line Will legal?

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Is an on-line Will legal?

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

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 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.


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