We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Family

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is an Oral will?

Patrick Wensink
By
Updated: May 16, 2024

An oral will, also known as a nuncupative will, is a verbal account of a person's wishes for property distribution after his or her death. This document is similar to written will, except in spoken fashion. This type of will is not ordinarily used because it can only be utilized by certain people in specific circumstances before their death. In addition, there are limits to who can act as a witness to this will, to where this type of will can be used, and to the type of property given. Oral wills also have a potential to create controversy due to the possibility of fraud.

Many countries do not recognize the validity of an oral will, and even within some countries only certain regions recognize its legal effect. For example, only some jurisdictions within the U.S. allow oral wills. Generally, an oral will can only be prepared by a soldier going into battle who does not have time to create a written will or as a dying declaration by a person on his or her deathbed.

Most laws stipulate that an oral must be witnessed and be put into writing afterward. A legal witness is constituted as a disinterested party, that is, an individual who has no involvement with the property being distributed. Some laws require two witnesses with corroborating accounts of the oral will. In order to make this will final, it must also be put into writing and filed by a lawyer within a certain amount of time after the person's death.

In addition to limits on what countries or regions allows an oral will, some jurisdictions place further limits on the noncupative will. Generally, only certain types of property can be bequeathed using an oral will. Jurisdictions have adopted different legal criteria, but limitations may pertain to money, real estate, or other types of property.

Because this document is not written down at the time of its creation, an oral will may be subject to legal challenge. Validity is often the biggest area of contention. Because it is only spoken and may be executed under under at best harsh or informal conditions, an oral will carries a high possibility of fraud or ambiguity. The deceased's final wishes may or may not be accidentally or intentionally misunderstood. As a result, this type of will may have difficulty being enforced if it is challenged by the deceased person's family.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Patrick Wensink
By Patrick Wensink
Patrick Wensink, a bestselling novelist and nonfiction writer, captivates readers with his engaging style across various genres and platforms. His work has been featured in major publications, including attention from The New Yorker. With a background in communication management, Wensink brings a unique perspective to his writing, crafting compelling narratives that resonate with audiences.

Related Articles

Discussion Comments
Patrick Wensink
Patrick Wensink
Patrick Wensink, a bestselling novelist and nonfiction writer, captivates readers with his engaging style across various...
Learn more
Share
https://www.mylawquestions.com/what-is-an-oral-will.htm
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.