Oral Will - Spoken Will - Nuncupative Will | EstatePlanningLawFirms.com

An oral will is a last will and testament which is spoken to another person. The last will and testament is an expression of a person’s wishes with respect to the distribution of his or her property upon his or her death. The oral will is sometimes referred to as a “nuncupative” will.

Are Oral Wills Valid?

Most states do not recognize an oral will. Of the states which do allow oral wills, the will is usually made by a person who may face immediate death due to an unforeseeable injury, someone in the military or someone on a ship facing imminent death. Moreover, in the small number of states that do allow oral wills, many require certain criteria. First, the oral will must be witnessed by at least three disinterested people, who will not benefit from the will in any way. Moreover, the oral will must be made in contemplation of the person’s death and therefore the formal legal drafting of the will is not practical. Furthermore, the oral will must be reduced to a writing within six months following the person’s death. Finally, oral wills are always reviewed by the court in order to ensure that the will is legally proper and in accordance with the wishes of the decedent who issued the oral will.

Getting Legal Help

The policy which underscores the reason for not recognizing oral wills is based upon the potential for abuse or mistake. Fraud, misunderstanding and mistake are reasons why oral wills are disfavored. Ultimately, a consultation with an estate planning attorney can assist in avoiding any legal issues with creating a will and making sure that your wishes and intentions are fulfilled. The estate planning attorney can draft a proper will and ensure that your interests are effectively served.

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