§ 370 MODIFYING WILLS

• Jurisdiction: South Carolina
• Section: Chapter 3 Wills

§ 370 Modifying wills

Generally, a court is reluctant to modify a will because modification presumes a change, and courts are loath to change a testator's dispositive provisions.⁴⁹⁹ However, a court might consider modifying a will to resolve a family dispute.⁵⁰⁰

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Notes:

^[499] See, e.g., supra § 331. While courts generally are loath to modify a will, reformation is less problematic because the testator's intent is being honored rather than changed. However, that may not be the rule in South Carolina. In the case of Wilson v. Dallas, 403 S.C. 411, 743 S.E.2d 746 (S.C. 2013), the Supreme Court seemed to propose a greatly expanded notion of...