§ 323 SEPARATE WRITING IDENTIFYING PERSONAL PROPERTY BEQUEST; PERSONAL PROPERTY MEMORANDUM

• Jurisdiction: South Carolina
• Section: Chapter 3 Wills

§ 323 Separate writing identifying personal property bequest; personal property memorandum

The SCPC allows the will to refer to a written list or statement to dispose of certain tangible personal property, regardless of when the list is prepared or amended and even if the list is not executed in compliance with the requisite will formalities.¹³² Without this specific statutory authorization, the list may not qualify as an act of independent significance (because it lacked lifetime significance),¹³³ nor could it be incorporated by reference (if not in existence at the time of execution of the will).¹³⁴ Section 2-512 admits the list into evidence, if signed by the testator or if in his handwriting, to the extent the list concerns qualifying property.¹³⁵

Section 62-2-512. Separate writing identifying bequest of tangible property.

A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the...