South Carolina § 63-5-655 - Validity and effect of transfer.

§ 63-5-655. Validity and effect of transfer.

(a) The validity of a transfer made in a manner prescribed in this article is not affected by:

(1) failure of the transferor to comply with Section 63-5-645(c) concerning possession and control;

(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under Section 63-5-645(a); or

(3) death or incapacity of a person nominated under Section 63-5-615 or designated under Section 63-5-645 as custodian or the disclaimer of the office by that person.

(b) A transfer made pursuant to Section 63-5-645 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this article, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this article.

(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this article and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this article.

HISTORY: 2022 Act No. 128 (H.3821), SECTION 1, eff April 4, 2022.