(A) The intention of a testator as expressed in the testator’s will controls the legal effect of the testator’s dispositions. The rules of construction expressed in the succeeding sections of this part apply unless a contrary intention is indicated by the will.

(B) Notwithstanding subsection (A), the court may reform the terms of the will, even if unambiguous, to conform the terms to the testator’s intention if it is proved by clear and convincing evidence that the testator’s intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement.

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Terms Used In South Carolina Code 62-2-601

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testator: A male person who leaves a will at death.