South Carolina Last Will and Testament - Divorced with No Children


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                             This Last Will and Testament may be used by an individual who is divorced and has not
                             remarried, with no children. It is intended to adequately provide for the appointment of a
                             personal representative who will administer the individual's last will and testament and carry
                             out its provisions. This document will make sure that the individual's assets and property
                             are distributed in the manner prescribed by the individual. This document is a useful estate
                             planning tool for divorced individuals located in South Carolina who want to determine the
                             manner in which their assets are distributed upon death.

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                             LAST WILL AND TESTAMENT OF

                           [Instruction: Insert the name of Testator]

I, _______________________________________, [Instruction: Insert the name of testator] a
resident of South Carolina, under [STATUTE], being of legal age and sound and disposing mind
and memory, and not being actuated by any duress, menace, fraud, mistake, or undue influence,
do make, publish, and declare this to be my last will and testament (hereinafter the “Last Will
and Testament” or the “Will”), hereby expressly revoking all Wills and Codicils previously made
by me.

                                            ARTICLE I

                                 MARRIAGE AND CHILDREN

I am divorced. I am currently not married to anyone. I have no children.

                                           ARTICLE II

                               PERSONAL REPRESENTATIVE

I appoint ____________________________________ [Instruction: Insert the Name of
Personal Representative] as Personal Representative of this my Last Will and Testament and
provide if this Personal Representative is unable or unwilling to serve then I appoint
____________________________________ [Instruction: Insert the Name of Alternate
Personal Representative] as alternate Personal Representative. My Personal Representative
shall be authorized to carry out all provisions of this Will and pay my just debts that may be
probated, registered, and allowed against my estate. However, this provision shall not extend the
statute of limitations for the payment of debts, or enlarge upon my legal obligation or any
statutory duty of Personal Representative to pay debts and funeral expenses.

No bond or security of any kind shall be required of any Personal Representative appointed in
this will.

My Personal Representative, whether original, substitute, or successor shall hereafter also be
referred to as my “Executor”.

                                           ARTICLE III


I will, give, and bequeath unto the persons named below, if he or she survives me, the Property
described below: [Instruction: Specify the name of person’s and details of property you wish
to give them]

Name           :_____________________________________
Address        :_____________________________________

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Relationship :_____________________________________
Property     : ________________________________________________________________

Name         : _____________________________________
Address      : _____________________________________
Relationship : _____________________________________
Property     : ________________________________________________________________

Name         :                            _____________________________________
Address      :                            _____________________________________
Relationship :                            _____________________________________
Property     : ________________________________________________________________

If a named beneficiary to this Will predeceases me, the bequest to such person shall lapse, and
the property shall pass under the other provisions of this Will. If I do not possess or own any
property listed above on the date of my death, the bequest of that property shall lapse.

                                           ARTICLE IV

                         PRIMARY RESIDENCE OR HOMESTEAD

I will, devise, and bequeath all my interest in my primary residence or homestead, if I own a
primary residence or homestead on the date of my death that passes through this Will, to
__________________________ [Instruction: Insert the name of the person(s) who receive
primary residence or homestead]. If I name more than one person, they are to receive the
property ____________ [Choose the appropriate: equally or per stirpes].

                                           ARTICLE V


I direct that my residuary estate be distributed in ____________________________ [Choose the
appropriate       [equally,    per     stirpes,    or    equally  and   the   survivor]   to

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__________________________ [Instruction: Insert the name of person(s) who receive all
other property].

                                           ARTICLE VI


My Personal Representative shall have the following additional powers with respect to my estate,
to be exercised from time to time at my Personal Representative's discretion without further
license or order of any Court approval. I grant unto my Personal Representative, all powers that
are allowed to be exercised by Personal Representatives by the laws of the State of South
Carolina and to the extent not prohibited by the laws of South Carolina [STATUTE], the
following additional powers:

[Instruction: Specify the Additional powers of the Personal Representative]


All authorities and powers hereinabove granted unto my Personal Representative shall be
exercised from time to time in her or his sole and absolute discretion and without prior authority
or approval of any Court, and I intend that such powers be construed in the broadest possible

                                          ARTICLE VII

                                   OPTIONAL PROVISIONS

I have placed my initials next to the provisions below that I adopt as part of this Will. Any
unmarked provision is not adopted by me and is not a part of this Will.

____________ If any beneficiary to this Will is indebted to me at the time of my death, and the
             beneficiary evidences this debt by a valid Promissory Note payable to me, then
             such person's portion of my estate shall be diminished by the amount of such

___________       Any and all debts of my estate shall first be paid from my residuary estate. Any
                  debts on any real property bequeathed in this Will shall be assumed by the
                  person to receive such real property and not paid by my Executor

____________ I direct that my remains be cremated and that the ashes be disposed of

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                  according to the wishes of my Executor

____________ I direct that my remains be cremated and that the ashes be disposed of in the
             following manner _________________________________________________
             [Instruction: Insert the manner in which you desire your remains should be
             created and ashes disposed]

____________ I desire to be buried in the _____________________________ [Instruction:
             Insert the Name of Cemetery] cemetery in __________________
             [Instruction: Insert the County] County, _____________ [Instruction: Insert
             the State]

                                          ARTICLE VIII


The term “testator” as used in this Will is deemed to include me as Testator or Testatrix. The
pronouns used in this Will shall include, where appropriate, either gender or both, singular and

                                           ARTICLE IX

                              SEVERABILITY AND SURVIVAL

1. If any part of this Will is declared invalid, illegal, or inoperative for any reason, it is my
   intent that the remaining parts shall be effective and fully operative, and that any Court so
   interpreting this Will and any provision in it construe in favor of survival.

2. This Will is not a result of a contract between me and any beneficiary, fiduciary, or third
   party and I may revoke this Will at any time.

I, ___________________________________ [Instruction: Insert the Name of Testator],
having signed this Will in the presence of ____________________________ [Instruction:
Insert the Name of First Witness], and ________________________________ [Instruction:
Insert the Name of Second Witness] who attested it at my request on this the _____ day of
_____________, 20_____ at ____________________________________ [Instruction: Insert
the address where this Will is signed], declare this to be my Last Will and Testament.


                                                       [Instruction: Insert the Name of Testator]

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The foregoing instrument, consisting of ________ [Instruction: Insert the total no of page]
pages,     including       this    page,      was     signed      in     our     presence      by
_______________________________________ [Instruction: Insert the name of Testator] and
declared by _________________ [Choose the appropriate: him or her] to be
_________________ [Choose the appropriate: his or her] last Will. We, at the request and in
the presence of _________________ [Choose the appropriate: him or her] and in the presence
of each other, have subscribed our names below as witnesses. We declare that we are of sound
mind and of the proper age to witness a will that to the best of our knowledge the testator is of
the age of majority, or is otherwise legally competent to make a will, and appears of sound mind
and under no undue influence or constraint. Under penalty of perjury, we declare these
statements are true and correct on this ________ day of ____________________, 20______ at
_____________________________________________________________ [Instruction: Insert
the address where this Will is signed].

______________________________                         ______________________________

       [Signature of Witness 1]                                [Signature of Witness 2]

______________________________                         ______________________________

[Printed or typed name of Witness 1]                   [Printed or typed name of Witness 2]

______________________________                         ______________________________

______________________________                         ______________________________

       [Address of Witness 1]                                  [Address of Witness 2]

Signed by Testator ____________________________

[Instruction: It is to be noted that this Will must be signed in the presence of two witnesses,
not related to you or named in your Will. A state specific self-proving affidavit is also
included and requires the presence of a notary public to sign the Will.]

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                                 SELF-PROVING AFFIDAVIT

State of South Carolina
County of __________________

We,           ___________________________________________________________________,
___________________________________________________________________,                            and
___________________________________________________________________, the testator
and the witnesses respectively, whose names are signed to the attached instrument in those
capacities, personally appearing before the undersigned authority and first being duly sworn, do
hereby declare to the undersigned authority under penalty of perjury that the testator declared,
signed, and executed the instrument as his/her last will; he/she signed it willingly or willingly
directed another to sign for him/her; he/she executed it as his/her free and voluntary act for the
purposes therein expressed; and each of the witnesses, at the request of the testator, in his or her
hearing and presence, and in the presence of each other, signed the will as witness and that to the
best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of
sound mind and under no constraint or undue influence.

_______________________________________ [Signature of Testator]
_______________________________________ [Printed or typed name of Testator]
_______________________________________ [Address of Testator, Line 1]
_______________________________________ [Address of Testator, Line 2]

_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of Witness #1]
_______________________________________ [Address of Witness #1, Line 1]
_______________________________________ [Address of Witness #1, Line 2]

_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of Witness #2]
_______________________________________ [Address of Witness #2, Line 1]
_______________________________________ [Address of Witness #2, Line 2]

Subscribed, sworn, and acknowledged before me,
______________________________________________________, a notary public, by
______________________________________________________, the testator, and by
______________________________________________________, and
______________________________________________________, the witnesses, this
______________ day of ___________________________, 20_____.

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Notary Public's Signature

My Commission Expires: _______________________________

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