Background
After Larry Hasian died, his surviving spouse offered a handwritten 2021 will leaving the estate to her. The purported witnesses admitted they had not witnessed the decedent sign; one signed months after death and backdated the signature at Pamela Hasian’s request. The decedent’s daughters challenged the will and warned they would seek fees if the petition continued. Probate proceedings also showed Hasian wrote checks to herself from the decedent’s automotive-business account and did not adequately explain the transfers.
The appeal placed those facts in the procedural framework governing trusts and estates, legal fees, civil procedure. The court reviewed the preserved questions under the standards applicable to the tribunal and ruling below, while keeping separate factual disputes, legal conclusions, and issues that could be reached on appeal.
The Court’s Holding
The Court of Appeals affirmed the probate and circuit court orders with a modification to the fee award. The record supported rejection of the purported will, a finding that Hasian converted estate assets, and an award of litigation expenses under the Probate Code’s authority to allocate costs as justice and equity require. The court clarified the proper legal basis and scope of recoverable fees rather than treating every requested theory as interchangeable.
The result is tied to the record and posture before the court. Practitioners should read the disposition together with the court’s preservation and standard-of-review analysis; the opinion does not create broader relief than was necessary to resolve the issues properly presented.
Key Takeaways
- A will witness must satisfy South Carolina execution requirements; a later, backdated signature cannot substitute for witnessing execution.
- Probate courts may award reasonable fees and expenses when justice and equity require, subject to proof and the governing statutory basis.
- Unexplained personal checks from estate-related business accounts can support a conversion finding.
Why It Matters
The published decision matters in contested South Carolina estates because it ties fee exposure to litigation conduct and evidentiary proof. Counsel presenting a nonstandard will should verify execution facts before filing, especially when witnesses signed at different times. Fiduciaries and surviving spouses should also segregate business and estate funds and retain records establishing authority for every transfer.
The immediate practice point is to develop the decisive facts at the earliest stage and connect each requested remedy to the correct South Carolina authority. Clear preservation, a complete record, and precise proposed findings will make later review more useful and reduce the risk that procedure controls an otherwise substantial issue.