Common Questions about Florida Oral Wills

Oral wills were traditionally utilized when a person was too sick or otherwise not able to compose. Concern 1: What is a nuncapative will? – Response: A nuncapative will is merely an expensive method to say oral or spoken will. With an oral will, the testator– the person who makes the will– states his or her dreams verbally rather of writing them down.

Question 2: Can I utilize an oral will rather of a composed will?
Answer: Not in Florida. A small minority of states currently enable individuals to utilize 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 die, a Florida court will not acknowledge this as a legitimate will. Instead of acknowledging your wishes, the court will either acknowledge an old will or, if you do not have one, will apply the state’s intestacy laws to determine how your estate will be distributed.

Question 3: What if I live in a state that recognizes oral wills?
Answer: In general, a Florida court will recognize an oral will if it is made in a state that recognizes such wills. If you live in more than one state and have property in both, it is best to have a will that complies with the laws of both states so there can be no confusion when it comes time to identify if your will is valid.