Nuncupative will


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a will or testament made by word of mouth only, before witnesses, as by a soldier or seaman, and depending on oral testimony for proof.
- Blackstone.

See also: Nuncupative

References in periodicals archive ?
POWERS & TRUSTS Law [section] 3-2.2 (McKinney 2012) (neither limiting value nor barring realty but validating a nuncupative will only if made by military personnel during wartime, and invalidating the will three years after a mariner makes it, or one year after a member of the armed forces leaves the service); OKLA.
Among the nine, nuncupative will jurisdictions, see supra note 272, this requirement persists in six: Kan., Miss., N.H., N.C., Ohio, and Tenn.
Among the nine nuncupative will jurisdictions, see supra note 272, this requirement persists in two: Miss, and N.H.
Among the nine nuncupative will jurisdictions, see supra note 272, this requirement persists in seven: Ind., Kan., Mo., N.H., Ohio, Tenn., and Vt.
A century and a half later, the statutory provision for nuncupative wills disappeared in England.
The reasoning was that the Argentine will was "nuncupative," and Florida law prohibits nuncupative wills. Even some lawyers may be unfamiliar with the term nuncupative, but it simply means "oral," especially as pertains to a will.
The Florida law barring nuncupative wills was apparently designed to bar deathbed wills, and lawyers arguing for Isleno's Argentine will stressed the point that it was clearly not dictated on her deathbed.
The second section is a fascinating and careful exploration of issues of mental capacity and coercion, particularly surrounding nuncupative wills. It is here that Bonfield's fine legal mind shines.
Chapter Three is effectively an introduction to and summary of Chapters Four through Seven, in which Bonfield takes up in absorbing detail the specific grounds for disputing the validity of wills: Chapter Four treats the problem of establishing the testator's soundness of mind and freedom from undue influence at the time of the will's making; Chapter Five considers the contested validity of and legal procedures surrounding nuncupative wills; Chapter Six addresses flaws, irregularities, or imperfections in the execution of written wills; and Chapter Seven enumerates the various problems raised by draft, revoked, or multiple wills.