Typical Questions about Florida Oral Wills

Estate Planning Sep 25, 2019 No Comments

Oral wills were generally utilized when an individual was too sick or otherwise unable to compose. Question 1: What is a nuncapative will? – Response: A nuncapative will is simply a fancy way to state oral or verbal will. With an oral will, the testator– the person who makes the will– states his/her wishes verbally rather of composing them down.

Question 2: Can I utilize an oral will instead of a written will?
Answer: Not in Florida. A small minority of states presently enable individuals to utilize an oral will, Florida is not one of them. Even if you make a statement about how you desire your property to be distributed after you die, a Florida court will not recognize this as a legitimate will. Rather of recognizing your desires, the court will either recognize an old will or, if you do not have one, will use the state’s intestacy laws to identify how your estate will be distributed.

Question 3: What if I reside 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 determine if your will is legitimate.

William Rogers