Free South Carolina Revocation of Revocable Trust Form

South Carolina Revocation of Inter Vivos Trust

When you are in Charleston, Columbia, Greenville or any other part of South Carolina, you might find that the revocable living trust is no longer applicable to your estate planning needs. There are instances of a South Carolina Revocation of Revocable Trust Form in which you can legally revoke the trust and have your assets returned. This will see to it that your intentions are recorded in the appropriate manner by the state law and will avoid confusion by the trustees and beneficiaries.

What The State Law Says About Revocable Trusts

According to the South Carolina Code § 62-7-602, a trust becomes revocable unless it expressly mentions that it is not revocable. This provides the author of the trust, or what is referred to as the settlor, with the authority to revoke or amend the trust whenever he wishes.

• Key points under state law include:

  • If there are multiple settlors, each may revoke the portion they contributed.

  • A trustee must notify other settlors if only one settlor revokes or amends.

  • The method of revocation may be done according to the trust document. In the absence of any special procedure, it can be affected by a written notice to the trustee, or by will or codicil.

  • Upon revocation the trustee must transfer or deliver the property according to the request of the settlor.

Common Reasons South Carolina Residents Revoke Trusts

• South Carolina residents revoke their living trusts because of the following reasons:

  • Major life events such as marriage, divorce, births, or deaths.

  • Revision of the estate plans to include or exclude trustees and beneficiaries.

  • Simplification when individuals prefer direct ownership of assets.

  • Relocation or changes in property ownership that make the trust less practical.

  Using the correct revocation form ensures these changes are legally enforceable.

Steps to Revoke a Revocable Trust in South Carolina

• On filling in a Revocation of Revocable Trust Form in South Carolina, observe the following steps:

  1. Identify the trust – Provide your name, the name of the trust and the date it was made.

  2. Declare revocation – Clearly state your intent, such as, “I hereby revoke the [Trust Name], dated [Date].”

  3. Direct the trustee – Order the trustee on distribution or returning of assets.

  4. Sign the document – Sign under the regulations of your trust. Notarisation is strongly advised, although it is not a must.

  5. Deliver to the trustee – Provide a signed copy to your trustee and keep one for your own records.

  6. Multiple settlors – If more than one settlor exists, each must revoke their own contribution.

FAQs About South Carolina Trust Revocation

Q1. What is a Revocation of Revocable Trust Form?
It is a legal document which is applied to revoke a revocable living trust in the state of South Carolina so that the assets are returned to the settlor or given out as instructed.

Q2. Do I need a lawyer to revoke my trust?
Not always. Simply trusting can be very easily revoked by filling out the form. But in complicated trusts or in the case of several settlors, the legal advice can be helpful.

Q3. How can a revocation be carried out?
You may follow the method in your trust document, or if none is specified, by written notice to the trustee. In certain cases, revocation may also be done by a later will or codicil.

Q4. What happens after revocation?
The trustee has to act on your instruction and hand the assets over to you either by handing them back to you or by transferring them to them in a new estate plan.

Q5. Can someone else revoke a trust for me?
Only when that power of attorney or any valid power of attorney expressly grants the same, or when a court gives a guardian or a conservator the authority to give it.

Why Accuracy Matters

The default in revoking a trust in the proper manner may lead to the trust being regarded as valid. This can bring a conflict between beneficiaries, and your property will not be given out as per your wish. These problems can be prevented by following the correct procedure and filling out a properly signed form.

Download Your Form

In case you are willing to revise your estate plan, you can fill in a South Carolina Revocation of Revocable Trust Form on the spot. Complete the trust information and make it clear that you want to revoke and sign it and deliver it to your trustee. You should maintain a copy of the signed copy in your records so that your revocation would be taken into account by law.