Legal Definitions - unsolemn will

An unsolemn will refers to a type of will that, while intended to express a person's wishes for the distribution of their property after death, does not fully comply with all the strict formal requirements (such as specific signing procedures or witness attestations) typically mandated by law for a standard, "solemn" will.

Despite these missing formalities, certain jurisdictions or specific circumstances might still recognize an unsolemn will as legally valid. This often occurs due to its unique nature (e.g., being entirely handwritten by the testator) or the urgent situation in which it was made, where strict adherence to formalities was impractical or impossible.

Here are some examples illustrating an unsolemn will:

• Example 1: The Handwritten Will

  An elderly retired professor, known for her meticulous notes, writes a detailed document entirely in her own handwriting, outlining how her extensive library and personal estate should be distributed among her nieces and nephews. She signs the document at the end but does not have it witnessed, believing her clear handwriting and signature are sufficient to convey her wishes.

  Explanation: In many jurisdictions, a will written entirely in the testator's own handwriting and signed by them, even without witnesses, can be recognized as a valid "holographic will." This falls under the category of an unsolemn will because it lacks the formal witness requirement but is still given legal effect due to its unique form and the clear intent of the testator.

• Example 2: The Soldier's Oral Declaration

  A soldier deployed in a combat zone is severely wounded during an engagement. Before losing consciousness, he tells his commanding officer and a medic, "If I don't make it, I want my savings to go to my sister, and my vintage motorcycle to my best friend." The officer and medic later document his exact words and the circumstances.

  Explanation: This scenario describes a "nuncupative" or oral will, which is a type of unsolemn will. While oral wills are generally not valid, specific exceptions exist for military personnel in active service, particularly when facing imminent danger. The law recognizes the urgency of such situations and may validate these wills even without the usual written and witnessed formalities.

• Example 3: The Sailor's Last Wishes at Sea

  A commercial fisherman, caught in a sudden, violent storm far out at sea, realizes his vessel is sinking rapidly. He gathers his crew and, in front of them, declares that he wants his fishing boat and business to go to his eldest son, and his personal savings to his wife. The crew members survive the ordeal and later testify to his declaration.

  Explanation: Similar to military personnel, sailors at sea have historically been granted special provisions for making "unsolemn" or nuncupative wills. The law acknowledges the unique and often perilous conditions of maritime life. In such dire circumstances, an oral declaration made before witnesses, even without a formal written document, might be recognized as a valid expression of the testator's final wishes.