Simple English definitions for legal terms
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A nuncupative will is a type of will that is not written down, but instead spoken aloud by the person making the will (called the "testator"). However, in most states, this type of will is not considered valid. In states where nuncupative wills are allowed, there are usually strict rules about when they can be used. For example, in New York, a nuncupative will must be supported by at least two witnesses and can only be made by certain people, like members of the military during a war or mariners at sea. In North Carolina, a nuncupative will is only valid if the testator is in danger of dying soon and there are two witnesses present.
A nuncupative will is a type of will that is not written down, but is instead declared orally by the person making the will, known as the testator. However, nuncupative wills are not valid in most states.
In states that do allow nuncupative wills, there are usually specific rules about when they can be used. For example, in New York, a nuncupative will must be supported by at least two witnesses and is only valid if made by:
In North Carolina, nuncupative wills are valid when there are two witnesses and the testator is "in imminent peril of death."
For example, if a soldier is on the front lines of a war and does not have access to a written will, they may be able to make a nuncupative will that will be considered valid under certain circumstances. Similarly, if a sailor is on a long voyage and fears for their life, they may be able to make a nuncupative will that will be considered valid if witnessed by other sailors.