View source for Oral will

{{Wills, trusts, estates}}
{{Multiple issues|
{{Globalize|date=December 2010}}
{{More citations needed | date=June 2025}}
}}
An '''oral will''' (or '''nuncupative will''') is a [[Will (law)|will]] that has been delivered orally (that is, in [[speech]]) to  [[witness]]es, as opposed to the usual form of wills, which is written and according to a proper format.

A minority of [[U.S. state]]s (approximately 20 as of 2009), permit nuncupative wills under certain circumstances. Under most [[statute]]s, such wills can only be made during a person's "last sickness," must be witnessed by at least three persons, and reduced to writing by the witnesses within a specified amount of time after the testator's death. Some states also place limits on the types and value of property that can be bequeathed in this manner. A few U.S. states permit nuncupative wills made by military personnel on [[active duty]]. Under the law in England and Wales oral wills are permitted to military personnel and merchant seamen on duty (see law report below) and it is common practice in [[Commonwealth of Nations|Commonwealth]] countries.

An analogy can be drawn to the concept of last donations (''[[donatio mortis causa]]'') established by [[Roman law]] and still in effect in [[England and Wales]].

{{See also|Dying declaration}}

==References==
[[Jesse Dukeminier|Dukeminier, Jesse]], Johansen, Stanley M., [[James Lindgren|Lindgren, James]], and [[Robert Sitkoff|Sitkoff, Robert]]. ''Wills, Trusts, and Estates, 8th Edition'', p.&nbsp;226. Aspen Publishers, 2009.  {{ISBN|978-0-7355-7996-5}}

{{DEFAULTSORT:Oral Will}}
[[Category:Wills and trusts]]


{{Law-stub}}