Oral will

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Wills, trusts and estates

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Wills

Legal history of wills Joint wills and mutual wills Will contract · Codicil Holographic will · Oral will

Sections Attestation clause Residuary clause Incorporation by reference

Contest Testamentary capacity Undue influence Insane delusion · Fraud

Property disposition Lapse and anti-lapse Ademption · Abatement Satisfaction of legacies Acts of independent significance Elective share · Pretermitted heir Wills and conflict of laws

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Common types Bare · Discretionary Accumulation and Maintenance Interest in possession Charitable · Purpose · Incentive

Other types Protective · Spendthrift Life insurance · Remainder Life interest Reversionary interest Testamentary Honorary · Asset-protection Special needs (Supplemental Needs)

Governing doctrines Pour-over will Cy-près doctrine Trusts and conflict of laws

Estate administration

Intestacy · Testator · Probate Power of appointment Simultaneous death · Slayer rule Laughing heir · Advancement Disclaimer of interest · Inheritance tax

Related topics

Advance directive (Living will) Totten trust

Other common law areas

Contract · Tort · Property Criminal law · Evidence

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An oral or nuncupative will is a will that has been delivered orally to the witnesses. Usually, wills are in a written form, and according to a proper format. As opposed to this, when the will is oral and not written, it is known as a nuncupative will.

A minority of U.S. states permit nuncupative wills under certain circumstances. Under most statutes, such wills can only be made during a person's "last sickness", must be witnessed by at least three persons, and reduced to writing by the witnesses within a specified amount of time after the testator's death. Some states also place limits on the types and dollar amounts of property which can be bequeathed in this manner. An analogy can be drawn to the concept of last donations, donatio mortis causa established by Roman law and still in effect in England and Wales. A few U.S. states permit nuncupative wills made by military personnel in active service and it is common practice for oral wills to be permitted to such military personnel in Commonwealth countries.

[edit] References

Dukeminier, Jesse, Johansen, Stanley M., Lindgren, James, and Sitkoff, Robert. Wills, Trusts, and Estates, 7th Edition, p. 202. Aspen Publishers, 2005. ISBN 0-7355-3695-3