Are Oral Wills Valid?

An oral will, which is also called a nuncupative will, is an estate plan that is spoken or made orally by the testator, and is never reduced to writing. 

Is it Legal?

Only a few states will consider oral wills to be legitimate, and even those states that do tend to limit their usage to certain specific circumstances, such as an oral will made during a last illness that attempts to distribute only small items of personal property of limited value, or an oral will made in some other sort of emergency situation.  In other states, an oral will is legally binding and valid if it is heard by at least two disinterested witnesses, and is later reduced to writing in some manner.  Another circumstance where an oral will may valid is if it is made by an active duty member of the military in a time of war or conflict.  Likewise, an oral promise to change or terminate a provision in an existing will is typically not valid in most jurisdictions. 

Risks with Oral Wills

For these reasons, relying on an oral will in order to effectuate your wishes regarding your assets following your death is simply not a good idea.  Not only will you undoubtedly leave out some important asset or intended beneficiary, but, in many cases, you are probably not even creating a legally valid and binding will.  Plus, even if your jurisdiction considers an oral will to be valid under the circumstances, you risk having your oral will misunderstood by witnesses and/or heirs, as well as leaving behind ambiguous instructions that may not ultimately be followed.

Relying on an oral will is a risky estate planning strategy that you can avoid by taking steps to create a comprehensive estate plan for you and your family, with the help of an experienced lawyer who frequently practices in the area of wills, trusts, and estates.  By executing a written will, and any accompanying estate planning documents, you can ensure that your assets will be distributed in the manner that you choose, and to the beneficiaries whom you choose.  Otherwise, you risk having no control as to the disposition of your assets following your death.