What is an oral will
An oral will essentially delivers the same outcome as a traditional will, with the main difference being that an oral will is expressed through speech only. It is not always advised to choose an oral will over the typical written will as there can be no doubt as to a written will while an oral will leaves room for uncertainty. To find out the most appropriate method of leaving your inheritance to your loved ones it is advised to consult with a professional consultant or lawyer within the industry.
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Oral will explained
As mentioned, an oral will is a will delivered by speech only. Commonly referred to a nuncupative will, an oral will must be ‘spoken’ in front of witnesses although due to the varying laws of each state it is essential you establish what is legally required from you in order to conduct an oral will.
In some states, an oral will can only be made in a person’s ‘last sickness’, provided there are a minimum of three witnesses to hear the will reading. It is also stipulated that the witnesses then take down the oral will and produce it in some form of written instrument within a certain period from the testator’s death.
Typically, cases of oral wills will be where the person cannot official write a will and is in an active line of duty such as a soldier at war. Under England and Wales Law, nuncupative wills are recognized for all active duty soldiers and sailors are sea.
It should also be noted that there are particular types of property that many states do not allow to be left in an oral will. In order to establish your rights and restrictions with respect to oral wills, it is highly advised that you speak with a professional consultancy to identity your best practice to bequeath your estate.
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