can a husband and wife make a joint will in south carolina

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can a husband and wife make a joint will in south carolina

Asked on June 29, 2009 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Yes.  Joint or Mutual Wills are valid in all States except Louisiana.  There are pluses and minuses to having a Joint Will and you should discuss all you options with the attorney when drafting the Wills. These types of Wills are considered contracts between spouses and are binding on the distribution of the property.  In other words, the surviving spouse would be hard pressed to change it.  It is different from a Reciprocal Will where you leave everything to eachother upon death and then the survivng spouse can distribute the inherited estate as they see fit later on.


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