Common Questions about Florida Oral Wills

Oral wills were traditionally used when an individual was too ill or otherwise unable to write. Question 1: What is a nuncapative will? – Answer: A nuncapative will is just an elegant way to state oral or spoken will. With an oral will, the testator– the person who makes the will– specifies his or her desires verbally instead of composing them down.

Question 2: Can I utilize an oral will rather of a composed will?
Answer: Not in Florida. Though a little minority of states presently permit people 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 dispersed after you pass away, a Florida court will not acknowledge this as a legitimate will. Rather of recognizing your desires, the court will either recognize an old will or, if you do not have one, will apply the state’s intestacy laws to figure out 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. However, if you reside in more than one state and have property in both, it is best to have a will that abides by the laws of both states so there can be no confusion when it comes time to identify if your will is valid.