Legal Definitions - nuncupative

Nuncupative describes something that is declared or stated verbally, using spoken words, rather than being written down. In legal contexts, it refers to declarations made orally, particularly in situations where a written document is not feasible or available.

Here are some examples to illustrate this term:

• Imagine a soldier severely wounded on a battlefield, who, in their final moments, verbally tells a comrade how they wish their personal belongings and savings to be distributed. This oral declaration, made without any written document, would be considered a nuncupative will. It is a spoken testament of their wishes, valid only under very specific, often emergency, circumstances where creating a written will is impossible.

• Consider a witness called to testify in a court of law. Before giving their testimony, they are asked to swear or affirm that they will tell the truth. When the witness verbally states, "I do," or "I swear to tell the truth, the whole truth, and nothing but the truth, so help me God," they are making a nuncupative oath. This is a formal, spoken declaration of their commitment to honesty, rather than signing a written affirmation.