WLF Hypothetical Thursdays: Michael, And His Good Intentions
Michael, a resident of South Carolina, passed away with a will drafted online, which he validly executed 10 years ago. In his will, he left specific assets, including a vacation property, to his close friend, David. However, since creating the will, Michael sold the vacation property and acquired a new one. What happens to the vacation property under the South Carolina Probate Code?
In this scenario, where Michael's will was executed 10 years ago and he made changes to his assets since then, it raises the question of whether the will accurately reflects Michael's current intentions regarding the vacation property.
The answer to this hypothetical would rely upon the language of the will. If the will does not address after-acquired property, the South Carolina Probate Code will determine how the property is distributed. Depending on how specific certain language is written, the gift to David very well could be found to have lapsed, since Michael no longer owns the specific property devised to David. It is important to review the specific language in Michael's will, as well as any subsequent amendments or codicils, to determine if there are any alternative provisions that might apply to the new vacation property.
David’s entire inheritance from Michael relies on the proper construction of the his Last Will and Testament.
Consulting with an attorney experienced in estate planning and probate in South Carolina would be advisable to navigate this situation and ensure proper distribution of Michael's estate.
