Legal Definitions - nuncupate

Nuncupate

To nuncupate means to declare something formally and orally, often in a solemn or public manner. In a legal context, it most commonly refers to the act of orally declaring a will, known as a nuncupative will, typically made by a person facing imminent death and in the presence of witnesses.

Here are some examples:

• Example 1: Oral Declaration of a Will

  A soldier, severely wounded on a battlefield and knowing his death is imminent, dictates his final wishes regarding his personal belongings and a small sum of money to his commanding officer and two fellow soldiers, who act as witnesses. He clearly states who should receive what.

  This illustrates nuncupating because the soldier is orally declaring his will under dire circumstances, a situation where a formal written will might not be possible. This oral declaration, if properly witnessed, could be recognized as a nuncupative will.

• Example 2: Public and Solemn Vow

  During a traditional village ceremony, the newly appointed elder stands before the community and orally declares their solemn vow to protect the ancestral lands and uphold the ancient customs for all future generations.

  This demonstrates nuncupating as the elder is making a formal, public, and solemn oral declaration of a commitment or vow, designating their intent and dedication to a specific duty.