Definition - What does Nuncupative Will mean?
A nuncupative will is one that is made verbally and at the last minute. In order for a nuncupative will to be legal, it needs to be witnessed in front of two people and the person giving the will must be of sound mind (compus mentis). A nuncupative will is a special type of will that is saved for people who do not have time to make a proper will, such as someone who is too ill or injured to make a written will. As long as the nuncupative will is witnessed by two people, it will be considered valid.
Justipedia explains Nuncupative Will
At times where a written will exists when the nuncupative will is made, as long as all other requirements are met, the nuncupative will supercedes any written will. It could be contested by potential beneficiaries especially when it changes predetermined matters such as a redistribution of assets or property. A nuncupative will usually causes a longer probate time and can be either short or lengthy depending on the level and number of assets to be distributed. If one or both of the witnesses to a nuncupative will are named in the new will, it is liable to be reviewed in full before being processed through probate.
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