What is an oral will?

As a Florida resident, you are likely aware that there are many options available to you for your estate planning. First, there are different types of documents such as wills and trusts from which to choose. Once you have decided which one of these you may want to pursue, you must then decide which type of will or trust is best for your circumstances. In the world of wills, for example, you can create a living will, a joint will, a holographic will and even an oral will.

An oral will is also referred to as a nuncupative will. As explained by Investopedia, oral wills are those dictated verbally by a person to others as witnesses. Most wills created in this manner are done so because the person dictating the will is near death. They may have no other estate planning documents created or they may be wishing to amend those documents with a final statement. Either way, an oral will is typically created in very little time.

The rapidity with which a person can create an oral will in and of itself leaves it vulnerable to problems upon the death of the creator. A will contest can be initiated by relatives or heirs. The hasty approach to such a will makes it easy for them to assert that their now-deceased relative was not of sound mind at the time that the will was recorded.

The legal professionals at The Warnock Law Group have several years of experience helping Florida residents like you navigate the complex world of will creation and estate planning.


FindLaw Network