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In a landmark decision, the South Carolina legislature passed a series of new laws regarding trusts and estates on December 12, 2025, that are set to take effect in 2026. These changes are poised to have a significant impact on how individuals plan for the distribution of their assets and manage their estates in the state.One of the most notable changes is the introduction of a new statute that allows for the creation of self-settled asset protection trusts in South Carolina. These trusts, also known as Domestic Asset Protection Trusts (DAPTs), provide individuals with the ability to shield their assets from potential creditors while still retaining some control over them. This new option is expected to be popular among high-net-worth individuals looking to safeguard their wealth for future generations.Additionally, the legislature also approved legislation that simplifies the process of transferring real property upon death. Under the new law, individuals can now use a transfer-on-death deed to designate a beneficiary for their real estate holdings, which will bypass the probate process and streamline the transfer of ownership.Furthermore, the new laws also include provisions for the establishment of special needs trusts for individuals with disabilities. These trusts are designed to provide financial support for disabled individuals without jeopardizing their eligibility for government benefits, such as Medicaid and Supplemental Security Income. This new option offers families greater flexibility in planning for the long-term care and financial security of their loved ones with disabilities.Overall, these changes in South Carolina's trusts and estates laws reflect a growing recognition of the need for updated and flexible estate planning options in the state. By providing individuals with more tools and resources to manage their assets and plan for the future, these legislative changes aim to ensure that South Carolinians can protect their wealth and provide for their loved ones in a secure and efficient manner.