South Carolina Court Reversed Estate Trust Ruling
The state appellate court ordered a trial for a constructive trust claim regarding a family timber company stake.
Updated on Sept. 29, 2026 in Financial Planning
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The South Carolina Court of Appeals reversed summary judgment in a dispute over the estate of Paul Brandon Barringer II. The court ruled that constructive trust claims regarding a 20% interest in a timber company may proceed to trial.
Why it matters
The ruling clarifies that constructive trust claims, unlike some contract-based claims in probate law, can be proven through parol evidence. This establishes a path for beneficiaries to challenge estate plans when implied promises about assets are allegedly broken.
The dispute centers on a 20% voting interest in a family timber company. The recent appellate opinion document spans 16 pages.
The players
Paul Brandon Barringer II
He is the deceased individual whose estate is the subject of the ongoing legal dispute.
South Carolina Court of Appeals
This is the state intermediate appellate court that heard the appeal and remanded the case back to the lower circuit court.
Beaufort County Circuit Court
This is the original trial court where the litigation occurred and to which the case is now remanded.
The details
A daughter argued that her stepmother made an implied promise to forgo exercising a power of appointment regarding the timber company interest. While the court affirmed summary judgment on a separate breach of contract claim, it determined the constructive trust claim required further trial proceedings.
Timeline
1998: The stepmother executed a will containing a residuary clause declining to exercise a power of appointment.
- 2026-09-29
The South Carolina Court of Appeals issued its ruling.
Market Dynamics
This case highlights the tension between strict adherence to the South Carolina probate code and equitable claims in estate disputes. The ruling clarifies when parol evidence can be used to override formal estate planning instruments.
Beneficiaries involved in estate disputes should note that implied promises regarding assets may be actionable through constructive trusts even without a written contract. This outcome suggests that estate litigation may involve complex, multi-stage proceedings in circuit courts.
The takeaway
Estate plans rely heavily on written documentation to ensure clarity for all heirs involved. Families should explicitly document their intentions regarding power of appointment and asset distribution to avoid expensive and lengthy courtroom battles.
What happens next
The Beaufort County Circuit Court will now conduct a trial on the constructive trust claim and reconsider its previous order to bifurcate the estate litigation.
Further reading
Learn more about managing assets and legacy concerns in the Financial Planning section.
Source note: This article includes information reported by South Carolina Lawyers Weekly.
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