Nuncupative Will

In certain states of the U.S., a person whose death from a terminal illness or fatal injury or is a member of the armed services and is facing imminent deployment into hostilities may dictate a will orally before no fewer than two (2) witnesses. In order to be legally binding however, this will must be committed to writing by someone other than the testator (the person making the will) within a certain timeframe determined by statute (typically 30 days) and properly notarized. The document is known as a nuncupative will.

A nuncupative will - also known as a "deathbed" will - is legally binding, but only within certain limitations. It may only specify the disposal of personal property (such as motor vehicles, tools, musical instruments, personal firearms, electronic devices, tools, recreational equipment, etc.). It cannot be used for the disposal of real property (land and buildings).

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Nuncupative wills are recognized in very few states, and cannot be used to revoke or make changes to an existing written will. It is used for cases in which the testator has no opportunity to have a formal will drafted by a legal professional.

A nuncupative will is becomes invalid should the testator survive the war or recover from his/her illness. Such a will is also invalid if it contradicts an earlier will and testament.

The word nuncupative itself derives from a Latin term, nuncupo (noon-COO-poh), which means "I declare [it)."

Mesothelioma & Asbestos Related Glossary of Legal Terms

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