What is a Nuncupative Will and Its Requirements?

Question from dee, What is a Nuncupative Will and Its Requirements?

Answer from AI:

To what type of will does this statute apply?

This statute applies to a **nuncupative will**, which is an oral will. A nuncupative will is a will that is not written down but is instead spoken by the testator (the person making the will) in front of witnesses. This type of will is typically used in emergency situations where the testator is in imminent peril of death.

What requirements must be met for a nuncupative will to be valid?

For a nuncupative will to be valid under Section 30-1-6, several specific requirements must be met:

1. The testator must be in imminent peril of death and must die as a result of the impending peril.
2. The will must be declared to be the testator’s last will before two disinterested witnesses.
3. The will must be reduced to writing by or under the direction of one of the witnesses within 30 days after the declaration.
4. The will must be submitted for probate within six months after the death of the testator.
5. The will can only dispose of personal property and the total value of the property must not exceed $1,000.
6. A nuncupative will does not revoke an existing written will; it only changes the written will to the extent necessary to give effect to the nuncupative will.

Does the statute govern the validity of a written will on a notepaper?

In the scenario where the testator, on their deathbed, writes a will on a piece of notepaper, signs it, and delivers it to a sister for safekeeping, the statute governing nuncupative wills does not apply. This is because the statute specifically addresses oral wills, not written ones.

However, for the written will to be valid, it must comply with the general requirements for written wills, which typically include:

• The will must be in writing.
• The testator must sign the will.
• The will must be witnessed by at least two disinterested witnesses who are present at the same time and who also sign the will.

Does the statute govern the validity of an oral declaration with witnesses?

In the scenario where the testator, on their deathbed, declares that it is their will and that all property should go to their girlfriend, with three witnesses present (one in an adjoining room), the statute may apply if the following conditions are met:

1. The testator is in imminent peril of death and dies as a result of the impending peril.
2. The declaration is made before two disinterested witnesses (the presence of a witness in an adjoining room may be problematic if they cannot hear the declaration clearly).
3. The will is reduced to writing by or under the direction of one of the witnesses within 30 days.
4. The will is submitted for probate within six months after the death of the testator.
5. The will disposes of personal property only and the total value does not exceed $1,000.

If these conditions are not fully met, the nuncupative will may not be considered valid.

Consulting a Legal Professional

Given the specific requirements and potential complexities involved in nuncupative wills, it is advisable to consult with a legal professional to ensure that all legal requirements are met. A lawyer can provide personalized advice and help navigate the probate process.

For more information on wills and probate, you can refer to resources such as the [American Bar Association](https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/) or your local jurisdiction’s probate court website.