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September 30, 2019

Typical Questions about Florida Oral Wills

by Jackson Watson in Estate Planning

Oral wills were generally used when an individual was too sick or otherwise unable to write. Concern 1: What is a nuncapative will? – Answer: A nuncapative will is just an elegant way to state oral or spoken will. With an oral will, the testator– the individual who makes the will– mentions his or her desires verbally instead of composing them down.

Concern 2: Can I use an oral will instead of a written will?
Answer: Not in Florida. A small minority of states presently enable individuals to use an oral will, Florida is not one of them. Even if you make a declaration about how you want your property to be distributed after you pass away, a Florida court will not recognize this as a valid will. Instead of recognizing your wishes, the court will either acknowledge an old will or, if you do not have one, will use the state’s intestacy laws to determine how your estate will be distributed.

Question 3: What if I live in a state that acknowledges oral wills?
Answer: In basic, 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 figure out if your will is valid.