Do You Need a New Will After Divorce in South Carolina?

South Carolina Probate Code Section 62-2-507 automatically revokes any provisions in your will that benefit your former spouse. Legally, your ex is treated as if they died before you. So if your old will leaves everything to your spouse, the assets pass instead to whoever is next in line under the will's terms — or, if no alternate beneficiary is named, under South Carolina intestacy law.

That automatic protection sounds reassuring, but it creates a false sense of security that stops many people from actually updating their estate plan.

Why the Automatic Revocation Is Not Enough

Section 62-2-507 only revokes the spousal provisions. It does not rewrite your will to reflect your new life. Consider what happens when the statute kicks in:

• If your will names your spouse as sole beneficiary and executor, both are revoked. Now you have a will with no primary beneficiary and no executor, which means the court appoints someone and your assets are distributed under intestacy rules — probably not what you intended.
• If your spouse was named as guardian for your minor children, that nomination is also revoked. Without a named replacement, the court decides who raises your children.
• Your will likely does not account for the property division in your divorce decree. Assets that used to be jointly held are now individually owned, and the will's distribution scheme may no longer make sense.

What You Should Draft

A complete post-divorce estate plan overhaul should include:

A new will. Under South Carolina law (SC Code Section 62-2-502), a valid will must be in writing, signed by the testator, and witnessed by at least two people. Name new beneficiaries, a new executor/personal representative, and a new guardian for minor children. If you die without a valid updated will, South Carolina intestacy law controls distribution — your children, parents, or siblings may inherit in an order you did not choose.

A new durable power of attorney. If your ex-spouse was your designated agent for financial decisions, that authority was revoked by the divorce under Section 62-2-507. But you now have no one authorized to manage your finances if you become incapacitated. Execute a new Durable Power of Attorney naming someone you trust.

A new healthcare power of attorney / health directive. Same principle — your former spouse's authority to make medical decisions on your behalf was revoked. Name a new healthcare agent.

Updated trust documents. If you have a revocable trust, review and amend it to remove your former spouse as beneficiary and as successor trustee.

When to Do This

Most estate planning attorneys recommend completing this within 60-90 days of the divorce becoming final. While Section 62-2-507 provides interim protection, dying with an outdated estate plan — even a partially-revoked one — invites confusion, family disputes, and expensive probate litigation.

The South Carolina After-Divorce Checklist includes the estate planning update sequence alongside every other post-decree administrative task.

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