Which term describes a will made orally before witnesses that is typically unenforceable?

Which term describes a will made orally before witnesses that is typically unenforceable?

• A. Holographic will
• B. Nuncupative will
• C. Testamentary will
• D. Codicil

Answer: (B)

An oral will made before witnesses is called a nuncupative will. In most places, these are not enforceable because there’s no written record of the testator’s wishes, which makes probate difficult. They’re sometimes allowed only in very specific circumstances, such as imminent peril of death, and even then they require strict witnessing and, often, a subsequent written confirmation. For contrast: a holographic will is handwritten entirely by the testator and usually valid if the state law recognizes such wills; a testamentary will is any will that transfers property at death and is typically written and properly executed; a codicil is a formal amendment to an existing will. So the term for an oral, witnessed will that’s generally unenforceable is nuncupative.

An oral will made before witnesses is called a nuncupative will. In most places, these are not enforceable because there’s no written record of the testator’s wishes, which makes probate difficult. They’re sometimes allowed only in very specific circumstances, such as imminent peril of death, and even then they require strict witnessing and, often, a subsequent written confirmation.

For contrast: a holographic will is handwritten entirely by the testator and usually valid if the state law recognizes such wills; a testamentary will is any will that transfers property at death and is typically written and properly executed; a codicil is a formal amendment to an existing will. So the term for an oral, witnessed will that’s generally unenforceable is nuncupative.