A nuncupative — or oral — will is spoken by word of mouth in the presence of witnesses.
This type of will is often also referred to as a “deathbed will” because the testator must make it in his last illness or under circumstances where he cannot make an attested will or holographic will.
Nuncupative wills are rare and seldom applicable, and only a few states now deem them valid in the court of law. One notable exception to the rule is when the testator is a person in military service. If the testator has been injured and faces imminent death, an oral will in the presence of witnesses will often be validated. Apart from that exception, however, nuncupative wills are rarely used.
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Ben Hopf
Ben is the Founder and CEO of Atticus and frequent trust and estates contributor with specialized background in generational family wealth planning and transfers. Ben serves on the Executive Board of Directors for the Trust Education Foundation, which oversees internal & external support for the nation's only undergraduate & graduate level Trust & Wealth Management programs, offered exclusively at Campbell University.
Ben is a frequent industry speaker and author across trust, wealth management and fiduciary FinTech conversations.
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