What is a nuncupative will?

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:

In all probability, your counsel has advised you to make a nuncupative will to protect your interest in the event of your untimely demise. Basically, a nuncupative will is a will that could be made only by a person who is in imminent peril of death due to illness or some other reason. It may be valid only if the person making the will dies because of the impending peril. A nuncupative will is required to be declared as testator’s will by the testator in the presence of two witnesses. Such a will has to be reduced to writing by or under the direction of one of the witnesses within 30 days after testator’s declaration. The will has to be submitted for probate within 6 months after testator’s death.
The relevant statutory provision in this regard is stated below.

Tenn. Code Ann. § 32-1-106 reads:

“(a) A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be:
   (1) Declared to be the testator's will by the testator before two (2) disinterested witnesses;
   (2) Reduced to writing by or under the direction of one (1) of the witnesses within thirty (30) days after such declaration; and
   (3) Submitted for probate within six (6) months after the death of the testator.

(b) The nuncupative will may dispose of personal property only and to an aggregate value not exceeding one thousand dollars ($1,000), except that in the case of persons in active military, air or naval service in time of war the aggregate amount may be ten thousand dollars ($10,000).

(c) A nuncupative will neither revokes nor changes an 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.