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Frost Law GroupSummerville, SC(843) 419-6653
Probate · Summerville, SC

Will Contests and Probate Litigation in Summerville, SC

When a will does not look like what your parent would have signed, South Carolina gives you a way to ask the court. It also gives you a deadline.

Schedule a consultation(843) 419-6653

Grounds to contest a will in South Carolina

  • Lack of testamentary capacity. The person did not understand what they owned, who their family was, or what the will did—common with late-life dementia.
  • Undue influence. Someone in a position of trust—a caregiver, a new spouse, one child—substituted their wishes for the testator's. Isolation, a sudden change in the plan, and involvement in getting the will drafted are the classic signs.
  • Fraud or forgery. The signature is not genuine, or the person was deceived about what they were signing.
  • Improper execution. Missing or interested witnesses, unsigned pages, or a document that does not meet S.C. Code § 62-2-502.
  • Revocation or a later will. A newer valid will, or a physical act of revocation, replaced the one offered.

Who can contest

An “interested person”—someone who would inherit more if the will failed: heirs under intestacy law, beneficiaries under an earlier will, and sometimes creditors. Being unhappy with a will is not enough; being harmed by it is.

Deadlines

A will admitted informally can be challenged in a formal proceeding, but generally only within the later of eight months after informal probate or one year after death; a will admitted formally after notice must be challenged by appeal. Once those windows close, the will stands. If you have received a notice from a probate court, the clock is already running—call before it stops.

How a contest proceeds

  1. Petition. A formal petition is filed in the probate court stating the grounds; the personal representative and beneficiaries are served.
  2. Discovery. Medical records, the drafting attorney's file, bank records, witness statements. This is where most contests are won or lost.
  3. Mediation. Probate courts routinely order it, and most contests settle here—often by adjusting shares rather than throwing out the will.
  4. Trial. Before the probate judge or, on request, removed to circuit court for a jury. The contestant carries the burden on capacity and undue influence.

Defending a will

We also represent personal representatives and beneficiaries defending a will that reflects exactly what the person wanted—often a parent who chose to leave more to the child who cared for them. A well-drafted, properly witnessed, self-proved will with a lawyer's file behind it is hard to overturn.

Think a will is wrong?

Bring the will, the notice and what you know about how it was signed. We will give you a candid read on the case and the deadline.

Schedule a consultation(843) 419-6653

Questions people ask

What does a will contest cost?

Contested matters are billed hourly with a written estimate. Some cases warrant a contingency arrangement; ask.

Can a no-contest clause stop me?

South Carolina enforces them only against contests brought without probable cause. A contest with a genuine basis does not trigger the penalty.

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