§ 304 CHOICE OF LAW

• Jurisdiction: South Carolina
• Section: Chapter 3 Wills

§ 304 Choice of law

The SCPC provides that a written will is valid if the execution complies with the requirements of section 2-502, or, at the time of execution, the law of the place of execution or the law of the place of decedent's domicile at execution or at death.⁶⁸ Compliance with any law, whether that of South Carolina or any other applicable state, to which resort is permitted under section 2-502, validates the will. The will proponent may look to the South Carolina law in effect at the time of execution or at the date of death.

Example

Testator (T) executed a will in 1983 that is attested by only two witnesses. T died in 2001. Although the will's execution did not comply with South Carolina's requirement for three witnesses at the time of execution in 1983, it does comply with the SCPC requirement for only two witnesses

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