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Common Concerns about Florida Oral Wills

Irvine Probate Law > Estate Law  > Common Concerns about Florida Oral Wills

Common Concerns about Florida Oral Wills

Oral wills were typically used when an individual was too sick or otherwise unable to compose. Concern 1: What is a nuncapative will? – Answer: A nuncapative will is merely a fancy method to say oral or verbal will. With an oral will, the testator– the person who makes the will– mentions his or her wishes verbally rather of writing them down.

Concern 2: Can I utilize an oral will instead of a composed will?
Answer: Not in Florida. A small minority of states currently enable individuals to utilize an oral will, Florida is not one of them. Even if you make a declaration about how you desire your property to be dispersed after you die, a Florida court will not recognize this as a valid will. Rather of acknowledging your dreams, 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 recognizes oral wills?
Answer: In general, a Florida court will acknowledge 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 identify if your will is valid.

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