Legal Definitions - nuncupative will

A nuncupative will is a type of will that is not written down, but is instead declared orally by the person making the will, known as the testator. However, nuncupative wills are not valid in most states.

In states that do allow nuncupative wills, there are usually specific rules about when they can be used. For example, in New York, a nuncupative will must be supported by at least two witnesses and is only valid if made by:

• A member of the armed forces of the United States while in actual military or naval service during a war, declared or undeclared, or other armed conflict in which members of the armed forces are engaged
• A person who serves with or accompanies an armed force engaged in actual military or naval service during such war or other armed conflict
• A mariner while at sea

In North Carolina, nuncupative wills are valid when there are two witnesses and the testator is "in imminent peril of death."

For example, if a soldier is on the front lines of a war and does not have access to a written will, they may be able to make a nuncupative will that will be considered valid under certain circumstances. Similarly, if a sailor is on a long voyage and fears for their life, they may be able to make a nuncupative will that will be considered valid if witnessed by other sailors.