Typical Questions about Florida Oral Wills
– Answer: A nuncapative will is simply an elegant way to say oral or verbal will. With an oral will, the testator– the individual who makes the will– states his or her desires verbally rather of writing them down.
Question 2: Can I utilize an oral will instead of a written will?
Answer: Not in Florida. A small minority of states currently allow people 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 pass away, a Florida court will not acknowledge this as a legitimate will. Rather of acknowledging your wishes, the court will either recognize an old will or, if you do not have one, will apply the state’s intestacy laws to determine how your estate will be distributed.
Question 3: What if I live in a state that recognizes oral wills?
Answer: In general, a Florida court will acknowledge an oral will if it is made in a state that acknowledges such wills. However, if you reside 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 stands.