A will made orally (spoken aloud) rather than in writing, typically made in contemplation of imminent death. Also called an oral will or deathbed will. Now either completely invalid or valid only in extremely limited circumstances in most jurisdictions (military personnel on active service, mariners at sea, with multiple witnesses required).
A spoken will—someone declares their wishes out loud instead of writing them down. In almost all modern jurisdictions, oral wills are invalid. The law requires written wills because written documents are reliable evidence of intentions. Spoken words are unreliable—witnesses forget, disagree about what they heard, or lie. Even where permitted in rare circumstances (military service, imminent death), requirements are so strict they're almost never upheld.
⏱ When you'll encounter this term
- Deathbed declarations by dying relatives
- Historical wills and legal history
- Discussions about what makes a valid will
- Attempts to probate verbal statements
- Military or emergency situations
"Grandma's friend claimed she made a nuncupative will on her deathbed, leaving everything to him. The court ruled it invalid—Australia doesn't recognize oral wills. Her estate passed under intestacy rules to her children."
💡 Did you know?
Even if someone is dying and unable to write, you can still create a valid written will by having someone else write down their words, which they then sign (or mark) in front of witnesses. This creates a written will, not an oral one—and is far more likely to be valid.