Legal Definitions - oral will

An oral will, sometimes referred to as a nuncupative will, is a will that is declared verbally by a person, rather than being written down and signed. These types of wills are generally only recognized in very specific, urgent circumstances, such as when a person is facing imminent death and does not have the opportunity to create a written will, or in certain military situations. They typically require a specific number of witnesses and may only be valid for the distribution of personal property, not real estate.

Most modern legal systems have either abolished oral wills or impose extremely strict requirements for their validity, making them rare and difficult to enforce.

• Example 1: Emergency Room Declaration

  A patient is rushed to the emergency room after a severe accident. Realizing their condition is critical and they may not survive, they verbally tell their spouse and the attending nurse that they want their valuable antique watch to go to their nephew and their savings account balance to be split between their children. They pass away shortly after.

  Explanation: This scenario illustrates an oral will made under the pressure of imminent death, where there was no opportunity to create a formal written document. The patient's verbal instructions, given in the presence of witnesses (spouse and nurse), concern personal property, which is a common limitation for oral wills.

• Example 2: Soldier on the Battlefield

  Before embarking on a highly dangerous mission in a combat zone, a soldier gathers two fellow squad members and verbally states that if they do not return, their personal belongings back at the base, including a collection of rare coins and a gaming console, should be sent to their younger sibling. The soldier is subsequently killed in action.

  Explanation: This example highlights a specific context where oral wills are sometimes recognized: military service during wartime. The soldier's verbal declaration, made in front of witnesses (fellow squad members) under urgent circumstances, pertains to their personal effects, fitting the criteria for a potential oral will in such a specialized situation.

• Example 3: Invalid Verbal Instruction

  An elderly woman, in good health and not facing any immediate danger, tells her neighbor over coffee that she intends for her house and all her land to be given to a local animal shelter after she passes away. She never writes this down or formalizes it in any way.

  Explanation: This situation demonstrates why most verbal declarations do *not* qualify as valid oral wills. The woman was not in imminent peril, and her statement concerned real estate (her house and land), which oral wills are typically not permitted to distribute. Without the critical elements of urgency, specific witness requirements, and limitations to personal property, this verbal wish would not be legally enforceable as an oral will.