reglab/housing_qa huggingface dataset:
SC Code § 62-6-205 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-205. Rights of creditors.

 Subject to the provisions contained in Section 62-3-916, no multiple-party account is effective against an estate of a deceased party to transfer to a survivor sums needed to pay debts, taxes, and expenses of administration, if other assets of the estate are insufficient. A surviving party or beneficiary who receives payment from a multiple-party account after the death of a deceased party is liable to account to his personal representative for amounts the decedent owned beneficially immediately before his death to the extent necessary to discharge the claims and charges mentioned above remaining unpaid after application of the decedent's estate. No proceeding to assert this liability may be commenced unless the personal representative has received a written demand by a creditor of the decedent, and no proceeding may be commenced later than one year following the death of the decedent. Sums recovered by the personal representative must be administered as part of the decedent's estate. This section does not affect the right of a financial institution to make payment on multiple-party accounts according to the terms of the account or make it liable to the estate of a deceased party unless, before payment, the institution has been served with an order of the probate court.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 71; 1976 Code Section 62-6-107; 2013 Act No. 100, Section 2, eff January 1, 2014.  Effect of Amendment  The 2013 amendment rewrote this section.
SC Code § 62-6-301 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-301. Contract of deposit for a multiple-party account.

 A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account, and may provide for a POD designation and an agency designation in either a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 72; 1976 Code Section 62-6-108; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-6-302 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-302. Multiple-party accounts may be paid on request to one or more parties.

 A financial institution, on request, may pay sums on deposit in a multiple-party account:  (1) to one or more of the parties, whether or not another party is disabled, incapacitated, or deceased when payment is requested and whether or not the party making the request survives another party;  (2) to the personal representative of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account either as a party or beneficiary, unless the account is without right of survivorship under Section 62-6-202; or  (3) in accordance with a court order directing the payment of the sums on deposit.  HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-6-303 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-303. Payment of POD account.

 A financial institution, on request, may pay sums on deposit in an account with a POD designation:  (1) to one or more of the parties, whether or not another party is disabled, incapacitated, or deceased when the payment is requested and whether or not a party survives another party;  (2) to the beneficiary or beneficiaries, if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as parties;  (3) to the personal representative of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account either as a party or beneficiary; or  (4) in accordance with a court order directing the payment of the sums on deposit.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 74; 1976 Code Section 62-6-110; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-6-304 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-304. Payment to agent.

 A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party is disabled, incapacitated, or deceased when the request is made or received, and whether or not the authority of the agent terminates on the disability or incapacity of a party.  HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-6-305 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-305. Payment to minors.

 If a financial institution is required or permitted to make payment pursuant to this part to a minor designated as a beneficiary, payment shall be made as ordered by the court or may be made in accordance with Section 62-5-103.  HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-6-306 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-306. Discharge.

 (a) Payment made pursuant to this subpart in accordance with the terms of the account discharges the financial institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. Payment may be made whether or not a party, beneficiary, or agent is disabled, incapacitated, or deceased when payment is requested, received, or made.  (b) Protection under this section does not extend to payments made after a financial institution has received written notice from a party, or from an agent under a durable power of attorney or a conservator for a party, or from the personal representative of a deceased party, or surviving spouse of a deceased party, to the effect that payments in accordance with the terms of the account, including one having an agency designation, should not be permitted, and the financial institution has had a reasonable opportunity to act on it when the payment is made. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in a request for payment if the financial institution is to be protected under this section. Unless a financial institution has been served with process or a court order in an action or proceeding, no other notice or other information shown to have been available to the financial institution affects its right to protection under this section.  (c) A financial institution that receives written notice pursuant to this section or otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account.  (d) Protection of a financial institution under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of sums on deposit in accounts or payments made from accounts.  HISTORY: 1986 Act No. 539, Section 1; 1976 Code Section 62-6-112; 2013 Act No. 100, Section 2, eff January 1, 2014.  Effect of Amendment  The 2013 amendment rewrote the section.
SC Code § 62-6-307 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 6 - Nonprobate Transfers|Section 62-6-307. Set-off.

 Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to set-off is that proportion to which the debtor is, or was immediately before his death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal.  HISTORY: 1986 Act No. 539, Section 1; 1976 Code Section 62-6-113; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-101 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-101. Short title.

 This article may be cited as the South Carolina Trust Code. In this article, unless the context clearly indicates otherwise, "Code" means the South Carolina Trust Code.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.  Effect of Amendment  The 2013 amendment substituted "means" for "shall mean".
SC Code § 62-7-102 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-102. Scope.

 This article applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. The term 'express trust' includes both testamentary and inter vivos trusts, regardless of whether the trustee is required to account to the probate court, and includes, but is not limited to, all trusts defined in Section 62-1-201(49). This article does not apply to constructive trusts, resulting trusts, conservatorships administered by conservators as defined in Section 62-1-201(6), administration of decedent's estates, all multiple party accounts referred to in Section 62-6-101 et seq., custodial arrangements, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, or any arrangement under which a person is nominee or escrowee for another.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-104 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-104. Knowledge.

 (a) Subject to subsection (b), a person has knowledge of a fact if the person:  (1) has actual knowledge of it;  (2) has received a notice or notification of it; or  (3) from all the facts and circumstances known to the person at the time in question, has reason to know it.  (b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-105 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-105. Default and mandatory rules.

 (a) Except as otherwise provided in the terms of the trust, this article governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.  (b) The terms of a trust prevail over any provision of this article except:  (1) the requirements for creating a trust;  (2) the duty of a trustee to act in good faith and in accordance with the purposes of the trust;  (3) the requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful and possible to achieve;  (4) the power of the court to modify or terminate a trust under Sections 62-7-410 through 62-7-416;  (5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Part 5;  (6) the limitations on the ability of a settlor's agent under a power of attorney to revoke, amend, or make distributions from a revocable trust pursuant to Section 62-7-602A;  (7) the power of the court under Section 62-7-708(b) to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;  (8) the effect of an exculpatory term under Section 62-7-1008;  (9) the rights under Sections 62-7-1010 through 62-7-1013 of a person other than a trustee or beneficiary;  (10) periods of limitation for commencing a judicial proceeding;  (11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and  (12) the subject matter jurisdiction of the court and venue for commencing a proceeding as provided in Sections 62-7-201 and 62-7-204.  HISTORY: 2005 Act No. 66, Section 1; 2010 Act No. 244, Section 45, eff June 7, 2010; 2013 Act No. 100, Section 2, eff January 1, 2014.  Effect of Amendment  The 2013 amendment in subsection (b)(6) substituted "62-7-602A" for "62-7-602(e)".
SC Code § 62-7-106 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-106. Common law of trusts; principles of equity.

 The common law of trusts and principles of equity supplement this article, except to the extent modified by this article or another statute of this State.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-107 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-107. Governing law.

 The meaning and effect of the terms of a trust are determined by:  (1) the law of the jurisdiction designated in the terms of the trust; or  (2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-109 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-109. Methods and waiver of notice.

 (a) Notice to a person under this article or the sending of a document to a person under this article must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.  (b) Notice otherwise required under this article or a document otherwise required to be sent under this article need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.  (c) Notice under this article or the sending of a document under this article may be waived by the person to be notified or sent the document.  (d) If notice of a hearing on any petition is required and, except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given:  (1) by mailing a copy thereof at least twenty days before the time set for the hearing by certified, registered, or ordinary first class mail addressed to the person being notified at the post office address given in his request for notice, if any, or at his office or place of residence, if known;  (2) by delivering a copy thereof to the person being notified personally at least twenty days before the time set for the hearing; or  (3) if the address or identity of any person is not known and cannot be ascertained with reasonable diligence by publishing a copy thereof in the same manner as required by law in the case of the publication of a summons for an absent defendant in the court of common pleas.  (e) The court for good cause shown may provide for a different method or time of giving notice for any hearing.  (f) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-110 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-110. Requirement of notice to others.

 (a) Whenever notice to qualified beneficiaries of a trust is required under this article, the trustee must also give notice to any other beneficiary who has sent the trustee a request for notice.  (b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this article if the charitable organization, on the date the charitable organization's qualification is being determined:  (A) is a distributee or permissible distributee of trust income or principal;  (B) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or  (C) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.  (c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in Section 62-7-408 or 62-7-409 has the rights of a qualified beneficiary under this article.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-111 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-111. Nonjudicial settlement agreements.

 (a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.  (b) Interested persons may enter into a binding nonjudicial settlement agreement with respect to only the following trust matters:  (1) the approval of a trustee's report or accounting;  (2) direction to a trustee to perform or refrain from performing a particular administrative act or the grant to a trustee of any necessary or desirable administrative power;  (3) the resignation or appointment of a trustee and the determination of a trustee's compensation;  (4) transfer of a trust's principal place of administration; and  (5) liability of a trustee for an action relating to the trust.  (c) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in Part 3 was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-112 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-112. Rules of construction.

 The rules of construction that apply in this State to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-202 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-202. Jurisdiction over trustee and beneficiary.

 (a) By accepting the trusteeship of a trust having its principal place of administration in this State or by moving the principal place of administration to this State, the trustee submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.  (b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this State are subject to the jurisdiction of the courts of this State regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.  (c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-204 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-204. Venue.

 (a) Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this State in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.  (b) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county in which any trust property is located or the county where the last trustee had its principal place of administration, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.  (c) If proceedings concerning the same trust could be maintained in more than one place in South Carolina, the court in which the proceeding is first commenced has the exclusive right to proceed.  (d) If proceedings concerning the same trust are commenced in more than one court of South Carolina, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and, if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.  (e) If a court transfers venue of a proceeding concerning a trust to a court in another county, venue for that proceeding, and any subsequent matters concerning that proceeding, including appeals, shall be retained by the county to which the venue has been transferred.  (f) If a probate court judge is disqualified from matters concerning a trust proceeding, and venue has not been transferred to another county, a special probate court judge appointed for that proceeding has all of the powers and duties appertaining to the probate court judge of the county where the proceeding commenced, and venue for any subsequent matters concerning that proceeding, including appeals, remains with the county where that proceeding or file commenced.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.