What are “nuncupative wills”?

Nuncupative wills are indeed oral wills that are made in the presence of witnesses. Such wills typically arise in specific circumstances, for example, when an individual is on their deathbed or in imminent danger, and they may lack the ability to create a formal written will. This type of will tends to be recognized only under certain conditions dictated by law, which may require the presence of a specified number of witnesses and sometimes a demonstration of the testator's intent.

The significance of this legal concept lies in its nature; it allows individuals to express their final wishes orally when written wills cannot be suitably executed. This flexibility provides a means for the testator to ensure that their wishes are known even in urgent situations. The formal requirements can vary significantly by jurisdiction, which enforces the idea that while nuncupative wills can be valid, they are subject to strict legal standards to ensure their authenticity and to prevent fraud.

This understanding of nuncupative wills highlights the importance of witnessing and intent in the estate planning process, particularly when considering scenarios where an individual may not be able to create a more traditional written will.