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

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. Son received $5.6 million and certain real property<br />

6. The agreement was approved by state court<br />

7. District court:<br />

a. Reviewed §2055—found it was to encourage charitable gifts<br />

b. The testator had repeated told people he was going to leave his estate to charity<br />

c. Earlier versions of will left estate to charity<br />

d. The drafting attorney admitted he made the mistake<br />

e. Court found a good faith adversarial dispute.<br />

f. State law allowed a look beyond the 4 corners of a will if there was a latent<br />

ambiguity in the document.<br />

What we can learn from case: Proof your wills!!! Save old wills.<br />

Page 19 of 19

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