Oral wills were typically used when a person was too sick or otherwise not able to compose. Concern 1: What is a nuncapative will? – Response: A nuncapative will is simply an elegant way to state oral or spoken will. With an oral will, the testator– the person who makes the will– states his/her dreams verbally instead of writing them down.
Concern 2: Can I use an oral will rather of a written will?
Answer: Not in Florida. Though a little minority of states presently allow individuals to use an oral will, Florida is not one of them. Even if you make a declaration about how you want your property to be distributed after you pass away, a Florida court will not recognize this as a legitimate will. Instead of recognizing your dreams, the court will either acknowledge an old will or, if you do not have one, will apply the state’s intestacy laws to identify how your estate will be distributed.
Question 3: What if I live in a state that acknowledges oral wills?
Answer: In basic, a Florida court will acknowledge an oral will if it is made in a state that recognizes such wills. Nevertheless, if you live in more than one state and have property in both, it is best to have a will that complies with the laws of both states so there can be no confusion when it comes time to identify if your will is valid.