An Oral Will, also known as a nuncupative will, is a type of will that is declared verbally rather than written down. This form of will is typically created in situations where the testator (the person making the will) is unable to prepare a formal written document, often due to imminent death or incapacity.
In many jurisdictions, oral wills are recognized under specific conditions. For instance, the testator must be of sound mind and capable of understanding the implications of making a will. Furthermore, oral wills are generally limited in scope and may only be valid under certain circumstances, such as when made by members of the armed forces during active duty or in situations of imminent peril.
In Texas, the enforceability of an oral will is quite limited. Texas law typically requires that a will be in writing to be considered valid. However, Texas does provide some exceptions for nuncupative wills, primarily concerning personal property and certain conditions. For example, if a person is facing a life-threatening situation and expresses their wishes regarding the distribution of property to witnesses, this could be considered. Nonetheless, such wills must typically be validated within a specific timeframe, and witnesses must attest to the declaration.
Overall, while an oral will may provide a means to express one’s wishes in a critical moment, it carries significant risks and uncertainties, making it advisable for individuals to create a formal written will to ensure their intentions are clearly documented and legally binding.
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