Question 1

What is a nuncupative will?

Accepted Answer

A nuncupative will is an oral (spoken) will, as opposed to a written will. Historically, nuncupative wills were recognized in limited circumstances (typically for soldiers in active service or sailors at sea). In Florida: nuncupative wills are NOT recognized (Section 732.502 requires that a will be: in writing, signed by the testator (or by another person at the testator’s direction and in the testator’s presence), and signed by at least two attesting witnesses in the presence of the testator and each other).

Question 2

Why doesn’t Florida recognize nuncupative wills?

Accepted Answer

Policy reasons: fraud prevention (oral wills are susceptible to fabrication and false testimony; written wills provide a permanent, verifiable record), certainty (a written will provides clear evidence of the testator’s intent; oral wills rely on witnesses’ memories, which may be faulty or biased), and formality (the writing and witness requirements ensure that the testator carefully considers their testamentary wishes and that the will reflects a deliberate act, not a casual statement). Florida’s strict will execution requirements (Section 732.502) reflect the policy that testamentary dispositions should be made with formality and deliberation.

Question 3

Are there any alternatives to a written will in Florida?

Accepted Answer

Alternatives: while nuncupative wills are not recognized, Florida provides other mechanisms for transferring property at death: non-probate transfers (beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD investment accounts), joint ownership (property held as joint tenants with right of survivorship or as tenants by the entireties passes to the surviving owner), revocable trusts (assets held in a trust pass according to the trust terms, avoiding probate), enhanced life estate deeds (Lady Bird deeds under Section 689.075), and intestate succession (if no will exists, property passes according to Florida’s intestacy statute, Section 732.101 et seq.).

Nuncupative Will

Nuncupative (Oral) Wills

Florida Requirement

Policy Reasons

Alternatives

Related Terms

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