Nuncupative Will

A nuncupative will refers to an oral will declared by an individual during their lifetime, typically in the presence of witnesses. It is often permitted only under specific circumstances, such as in instances of imminent death.

Nuncupative wills have historical roots in common law, largely recognized for their necessity in times when written documents were not feasible. This type of will was traditionally used by soldiers or individuals in peril.

In modern law, nuncupative wills are often valid only in jurisdictions that allow them, and they generally require strict adherence to statutory requirements, such as the presence of witnesses. Most states limit their use to specific contexts, such as military situations or where the testator cannot write.

• A soldier on the battlefield declaring his last wishes to fellow soldiers, which are recorded by a witness.
• An individual on their deathbed orally stating their wishes for asset distribution, witnessed by family members.

• In re Estate of Schreiber, 315 N.W.2d 778 (Wis. Ct. App. 1982)