Probate, Estate Planning & Trust Section - South Carolina Bar ...

Agreement as to terms of poorly drafted will
The court refused to admit a will to probate because it was so poorly drafted (self drafted will.).
The beneficiaries entered into an agreement which they believed carried out the intent of the
deceased.
STATE OF SOUTH CAROLINA )
)
)
COUNTY OF RICHLAND )
AGREEMENT REGARDING ESTATE OF GEORGE
SMITH
Agreement made the day of , 2009, between Guy Smith, Harry
Smith, Jane Brown, Larry Smith, Horace Smith, Joe Smith, and Kathy Mann.
WHEREAS, George Smith died on February 11, 2009, a resident of Richland County, South
Carolina.
WHEREAS, the parties to this agreement are all of the heirs at law of George Smith.
WHEREAS, George Smith left a will dated January 1, 2009 which was witnessed by her sons
and which is not clear regarding the distribution of her estate.
WHEREAS, South Carolina Code § 62-3-912 allows competent successors, subject to the rights
of creditors and taxing authorities, to agree among themselves to alter the interests, shares, or amounts
to which they are entitled under the will of the decedent, or under the laws of intestacy.
WHEREAS, the parties to this agreement agree that the estate of George Smith will be
administered, held and distributed as follows:
(1) Guy Smith will serve as Personal Representative of the estate of George Smith.
(2) Guy Smith will pay the enforceable debts, funeral expenses, and administrative expenses for the
estate of George Smith.
(3) Guy Smith will distribute the personal and household effects of George Smith in equal shares to
Jane Brown, Horace Smith, and Larry Smith.
(4) The rest and residue of the estate, including the house located at 1400 Hampton Drive,
Columbia, South Carolina will be held in trust for the benefit of Joe Smith. The trust will be held,
administered, and distributed as follows:
a. Joe Smith will be able to live in the house rent free as long as he is able to take care of
himself. He shall be responsible for maintaining the residence in suitable repair and
condition, keeping it neat and clean, including the yard which he will maintain and keep
free of trash and debris.
b. The Trustee may pay to or apply for the benefit Joe Smith during his lifetime, such sums
from the income and/or the principal of trust as in his sole discretion shall be necessary
or advisable from time to time for the medical care, education, support and maintenance
in reasonable comfort of Joe Smith taking into consideration to the extent the Trustee
deems advisable, any other income or resources of Joe Smith.
Page 12 of 19