Legal Definitions - unwritten will

An unwritten will is also known as a nuncupative will. It is an oral will made by a person who is facing imminent death, usually due to a recent injury. In most states, nuncupative wills are not valid, but in some states, they are allowed with limitations on the amount of property that can be conveyed. Traditionally, only personal property can be conveyed through an oral will.

For example, if a person is on their deathbed and verbally expresses their wishes for their property to be distributed among their children, this would be considered an unwritten will. However, it may not be legally recognized depending on the state's laws.