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An oral will is a verbal record of a person’s wishes for property distribution after their death. It has limitations on who can witness and where it can be used. Many countries do not recognize its validity, and it can create controversy due to the possibility of fraud. It must be witnessed, written down, and filed by an attorney within a certain period of time. Only certain types of property can be bequeathed, and it can be subject to legal challenge due to its informal nature.
An oral will, also known as a nuncuptive will, is a verbal record of a person’s wishes for the distribution of property after his or her death. This document is similar to a written will, except in a spoken way. This type of will is not normally used because it can only be used by certain people in specific circumstances before their death. Additionally, there are limits on who can witness this will, where this type of will can be used, and the type of ownership given. Oral wills also have the potential to create controversy due to the possibility of fraud.
Many countries do not recognize the validity of an oral will, and even within some countries only some regions recognize its legal effect. For example, only some jurisdictions in the United States allow oral wills. Generally, an oral will can only be prepared by a soldier going into battle who does not have time to create a written will, or as a death declaration by a person on their deathbed.
Most laws require that a record must be witnessed and written down later. A legal witness is constituted as a disinterested party, i.e. an individual who has no involvement with the property being distributed. Some laws require two witnesses with corroborating accounts of the oral will. In order for this will to be final, it must also be put in writing and filed by an attorney within a certain period of time after the person’s death.
In addition to limits on which countries or regions allow an oral will, some jurisdictions place further limits on non-global wills. In general, only certain types of property can be bequeathed in an oral will. Jurisdictions have adopted different legal criteria, but the limitations may apply to money, real estate, or other types of property.
Since this document was not drafted at the time of its creation, an oral will can be subject to legal challenge. Validity is often the biggest area of contention. Because it is only spoken and can be enforced under harsh or informal conditions at best, an oral will carries a high chance of fraud or ambiguity. The last wishes of the deceased may or may not be accidentally or intentionally misunderstood. As a result, this type of will may have difficulty being enforced if contested by the family of the deceased.
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