Legal Definitions - nuncupative will

A nuncupative will is a type of will that is declared orally by a person (the "testator") rather than being written down. These wills are typically made in extraordinary circumstances where the testator faces imminent death and cannot reasonably create a written document.

It's important to understand that nuncupative wills are not recognized as valid in most places. In the few states or jurisdictions that do permit them, their use is severely restricted by law, usually to very specific, urgent situations. These situations often involve a person in military service during wartime, a mariner at sea, or someone facing a sudden, life-threatening emergency, and typically require the presence of multiple witnesses.

Here are some examples illustrating when a nuncupative will might be considered, in jurisdictions where they are permitted:

• Example 1: Catastrophic Industrial Accident

  Imagine a worker critically injured in a severe industrial accident. Trapped under heavy machinery, the worker is conscious but unable to move their hands to write or sign anything. Realizing their life is rapidly fading, the worker clearly states their final wishes regarding their property to two paramedics who are attending to them, and who can hear and understand the declaration. This oral statement, made under extreme duress and in the presence of witnesses, might be considered a nuncupative will in a jurisdiction that allows for such circumstances.

• Example 2: Remote Wilderness Survival Situation

  Consider a small group of explorers stranded in a remote, uninhabited wilderness after their vehicle breaks down, and one of them suffers a fatal injury. As the injured explorer's condition deteriorates, and with no means to write or record their wishes, they verbally communicate their instructions for the distribution of their personal belongings and assets to their two companions, who are present and can attest to the declaration. This scenario highlights the urgency and the physical impossibility of creating a written will.

• Example 3: Deep-Sea Research Emergency

  A scientist aboard a deep-sea research submersible experiences a sudden, unrecoverable system failure, trapping the vessel far beneath the ocean surface. With oxygen levels critically low and rescue impossible, the scientist, knowing their end is near, orally dictates their final wishes concerning their intellectual property and estate to a fellow researcher who is also trapped but still conscious and able to hear. In a jurisdiction recognizing nuncupative wills, this desperate, verbal declaration, witnessed by another person in an extreme, isolated environment, could potentially be considered valid.