H*4409(Rat #0422, Act #0405 of 1996)  General Bill, By Cotty, Fleming, Harrison, 
J.H. Hodges, T.E. Huff, Jennings, L.H. Limbaugh and Sheheen
 A Bill to amend Section 62-2-804, as amended, Code of Laws of South Carolina,
 1976, relating to the Probate Code, intestate succession and wills, and the
 effect of a provision for survivorship on succession to joint tenancy, so as
 to provide further for the type of instrument which precludes the severance of
 a joint tenancy upon the death of a joint tenant.

   01/09/96  House  Introduced and read first time HJ-82
   01/09/96  House  Referred to Committee on Judiciary HJ-82
   02/14/96  House  Committee report: Favorable Judiciary HJ-5
   02/21/96  House  Read second time HJ-16
   02/22/96  House  Read third time and sent to Senate HJ-23
   02/27/96  Senate Introduced and read first time SJ-12
   02/27/96  Senate Referred to Committee on Judiciary SJ-12
   05/08/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-14
   05/09/96  Senate Amended SJ-97
   05/09/96  Senate Read second time SJ-97
   05/09/96  Senate Unanimous consent for third reading on next
                     legislative day SJ-98
   05/10/96  Senate Read third time and returned to House with
                     amendments SJ-2
   05/15/96  House  Concurred in Senate amendment and enrolled HJ-49
   05/23/96         Ratified R 422
   05/29/96         Signed By Governor
   05/29/96         Effective date 05/29/96 and applies to joint
                     tenancies created either prior to or after the
                     effective date of the Act
   06/17/96         Copies available
   06/17/96         Act No. 405

AN ACT TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.

Be it enacted by the General Assembly of the State of South Carolina:

Joint tenancy, preclusion of severance; instrument

SECTION 1. Section 62-2-804 of the 1976 Code, as amended by Section 14 of Act 171 of 1987, is further amended to read:

"Section 62-2-804. When any person is seized or possessed of any estate of joint tenancy at the time of his death, such joint tenancy is deemed to have been severed by the death of the joint tenant and such estate is distributable as a tenancy in common unless the instrument which created the joint tenancy, including any instrument in which one person conveys to himself and one or more other persons, or two or more persons convey to themselves, or to themselves and another or others, expressly provides for a right of survivorship, in which case the severance shall not occur."

Time effective; application

SECTION 2. This act takes effect upon approval by the Governor and applies to joint tenancies created either prior to or after the effective date of the act.

Approved the 29th day of May, 1996.