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Why should I make a nuncupative will due to my leukemia diagnosis?

Why should I make a nuncupative will due to my leukemia diagnosis?

Full question:

I have been advised by my counsel to make a nuncupative will, since I have been diagnosed with leukemia. I wanna know why he has advised me so, cause this is the first time I have heard of it.

Category: Wills and Estates
Date: 04/07/2025
State: Tennessee

Answer:

Your counsel likely advised you to create a nuncupative will to safeguard your wishes in case of your sudden passing. A nuncupative will is a verbal will made by someone who is in imminent danger of death, such as from an illness. This type of will is valid only if the person dies as a result of that imminent peril.

To be legally recognized, a nuncupative will must be:

Declared by the testator (the person making the will) in front of two disinterested witnesses.
Written down by one of the witnesses or under their direction within thirty days of the declaration.
Submitted for probate within six months after the testator's death.

According to Tennessee law (Tenn. Code Ann. § 32-1-106), a nuncupative will can only dispose of personal property valued at up to one thousand dollars, unless the testator is in military service during wartime, in which case the limit is ten thousand dollars. Additionally, a nuncupative will does not revoke or alter any existing written will.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the difference between a holographic will and a nuncupative will?

A holographic will is a handwritten document that is signed by the testator, while a nuncupative will is a verbal declaration made by the testator in front of witnesses. Holographic wills do not require witnesses, whereas nuncupative wills must be declared in the presence of at least two disinterested witnesses and later documented. Additionally, nuncupative wills are typically used in emergency situations, such as imminent death, and have specific limitations on the value of property they can dispose of.

What is a nuncupative will?

A nuncupative will is a type of verbal will made by a person who is facing imminent death. It allows the individual to express their final wishes regarding the distribution of their personal property. For it to be valid, the declaration must be made in front of two disinterested witnesses and documented within thirty days. This type of will is often used in urgent situations where there is no time to create a formal written will.

What requirements must be met for a nuncupative will to be valid?

To be valid, a nuncupative will must meet several requirements: it must be declared verbally by the testator in front of two disinterested witnesses, documented by one of the witnesses or under their direction within thirty days, and submitted for probate within six months of the testator's death. Additionally, it can only dispose of personal property valued up to one thousand dollars in Tennessee, unless the testator is in military service during wartime.

What is a nuncupative will in law?

In legal terms, a nuncupative will is an oral will made by someone who is in imminent danger of death. It is recognized under specific circumstances and must be declared in front of witnesses. This type of will is limited in scope, particularly regarding the value of property it can address, and it does not revoke any existing written wills. It serves as a means to express last wishes when time is of the essence.

What are the limitations of a nuncupative will?

Nuncupative wills have several limitations. In Tennessee, they can only dispose of personal property valued up to one thousand dollars, unless the testator is in military service during wartime, which raises the limit to ten thousand dollars. Additionally, they must be made in front of two disinterested witnesses and documented within thirty days. Nuncupative wills do not alter or revoke any existing written wills.

What is disposed of by the nuncupative will?

A nuncupative will allows the testator to dispose of personal property. However, in Tennessee, it is limited to property valued at up to one thousand dollars unless the testator is in military service during wartime, which increases the limit to ten thousand dollars. It is important to note that a nuncupative will does not affect any existing written wills.