(a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to Section 63-5-645, in the absence of a will or under a will or trust that does not contain an authorization to do so. (b) Subject to subsection (c), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section 63-5-645. (c) A transfer under subsection (a) or (b) may be made only if (i) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor, (ii) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, (iii) the transfer is authorized by the court if it exceeds $15,000 in value, and (iv) the custodian nominated by the personal representative, trustee, or conservator, as the case may be, is approved by the court. HISTORY: 2022 Act No. 128 (H.3821), Section 1, eff April 4, 2022.
South Carolina Legal Code