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Simple English definitions for legal terms
unwritten will
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A quick definition of unwritten will:
An unwritten will is a type of will that is spoken instead of written down. It is also called a nuncupative will. This type of will is only valid in some states and usually only applies to personal property. It is made when someone is close to death and cannot write a will. It must be witnessed by at least two people who heard the person say what they wanted to happen to their property after they die.A more thorough explanation:
An unwritten will is also known as a nuncupative will. It is an oral will made by a person who is facing imminent death, usually due to a recent injury. In most states, nuncupative wills are not valid, but in some states, they are allowed with limitations on the amount of property that can be conveyed. Traditionally, only personal property can be conveyed through an oral will.
For example, if a person is on their deathbed and verbally expresses their wishes for their property to be distributed among their children, this would be considered an unwritten will. However, it may not be legally recognized depending on the state's laws.