nuncupative will

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Nuncupative Will

A will made verbally to at least two witnesses. That is, there is no written record of a noncupative will, and one must simply trust the two witnesses. Because of the possibility for fraud, noncupative wills are considered invalid if they contradict a written will. They are often made by soldiers, sailors, or others who die unexpectedly.

nuncupative will

An oral will stated by the testator before witnesses shortly before the testator's death and reduced to writing by the witnesses shortly after death.Such wills are unenforceable in many states.Contrast with holographic will,which is one prepared entirely in the testator's handwriting but without any witnesses.

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Among the nine nuncupative will jurisdictions, see supra note 272, this requirement persists in two: Miss, and N.
Term 1867) ("[I]n order to constitute a good donatio mortis causa, it was not necessary that the donor should be in such extremity as is required to give effect to a nuncupative will.
A century and a half later, the statutory provision for nuncupative wills disappeared in England.
As of 2014, nine states permit testators to make nuncupative wills while in extremis, still cabined by limitations and requirements dating back to 1677.
Statutes validating nuncupative wills have waned relentlessly, making testamentary transfers near death more difficult to formalize.
Today, only nine states allow witnessed nuncupative wills for any testator near death, typically with a variety of other restrictions, (299) whereas thirty-two states now allow a surviving party to prove even an unwitnessed contract formed near death, and without any additional safeguards.
Earlier, we noted academic criticism of nuncupative wills as inviting "fraud and perjury.