– Response: A nuncapative will is merely an expensive way to state oral or verbal will. With an oral will, the testator– the individual who makes the will– mentions his or her desires verbally rather of writing them down.
Question 2: Can I utilize an oral will instead of a composed will?
Answer: Not in Florida. A small minority of states currently permit 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 die, a Florida court will not recognize this as a legitimate will. Instead of acknowledging 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 determine how your estate will be distributed.
Question 3: What if I reside in a state that acknowledges oral wills?
Answer: In general, a Florida court will acknowledge an oral will if it is made in a state that acknowledges 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.