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Simple English definitions for legal terms
in extremis
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A quick definition of in extremis:
In extremis means facing very serious and dangerous situations, like being close to death. It's a special condition that allows someone to make a will that's spoken instead of written down. This type of will is only valid if the person is in extremis when they make it, which means they're very close to dying.
A more thorough explanation:
Definition: In extremis means facing dire circumstances, such as being near death or in imminent danger. A nuncupative will, which is a verbal will, can only be made when the testator is in extremis.
Example: In McClain v. Adams, 135 Tex. 627, the Texas Court of Appeals ruled that a nuncupative will is only valid if it is made when the testator is in extremis.
Explanation: This means that the person making the will must be in a life-threatening situation or near death for the verbal will to be considered valid. The example illustrates how the court applied the in extremis requirement to a specific case involving a nuncupative will.