Can I disinherit my spouse or child in South Carolina?

1. Spousal Disinheritance. South Carolina is a separate-property state. Under S.C. Code § 62-2-201, a surviving spouse is entitled to an elective share equal to one-third of the decedent's probate estate.

2. Augmented Estate. South Carolina has not adopted the full UPC augmented-estate framework; the elective share applies primarily to the probate estate. However, S.C. Code § 62-2-202 includes certain inter vivos transfers within the elective share calculation in limited circumstances.

3. Elective Share Procedure. The election must be filed in writing with the probate court within eight months after the decedent's death or six months after probate of the will, whichever is later, under S.C. Code § 62-2-205.

4. Pretermitted Child. Under S.C. Code § 62-2-302, a child born or adopted after the will is executed who is not provided for receives an intestate share unless the omission was intentional or provided for outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in South Carolina.

7. Prenuptial / Postnuptial Waiver. South Carolina enforces premarital agreements under common law (Hardee v. Hardee, 355 S.C. 382 (2003)) and statute, requiring voluntary signing and reasonable disclosure.

8. Homestead, Family Allowance, Exempt Property. Homestead exemption under S.C. Code § 15-41-30; exempt property and allowance provisions for surviving spouse and minor children in addition to elective share.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; contest filed in probate court within eight months after probate under S.C. Code § 62-3-407.

This is legal information, not legal advice.