Geddings v. Geddings
319 S.C. 213, 460 S.E.2d 376 (1995)
Pinkie Geddings married her
second husband. They both signed a document called a "Waiver of
Right to Elect and of Other Rights"
The document acknowledged
that each spouse had made a will, that each spouse wanted the bulk of
their estates to go to their children from previous marriages, and that
each disclaimed interest in the
other spouse's estate, outside of what was granted in the wills."
It also said that each
spouse had made a complete disclosure of their presently-owned assets.
Mr. Geddings died, and Pinkie
attempted to invoke her right to an elective share of the estate.
The Probate Court found the
waiver to be invalid and awarded Pinkie an elective share. Mr. Gedding's children appealed.
The Probate Court found that
the waiver was void because Mr. Geddings did not provide a complete
disclosure of his assets.
The Appellate Court affirmed.
Mr. Gedding's children appealed.
The South Carolina Supreme
Court affirmed.
The South Carolina Supreme
Court acknowledged that under South Carolina State law, the right to
election of a surviving spouse may be
waived by a written contract signed by the party waiving after a fair
disclosure.
Evidence presented at trial
showed that Mr. Geddings had not provided any disclosure about his assets
and in fact had kept Pinkie out of the loop.
Uniform Probate Code § 2-123 allows the waiver of the right to election,
but it does list issues that could make the waiver unenforceable.