– Answer: A nuncapative will is just 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 instead of writing them down.
Question 2: Can I use an oral will rather of a written will?
Answer: Not in Florida. A small minority of states currently allow individuals to utilize an oral will, Florida is not one of them. Even if you make a statement about how you desire your property to be dispersed after you die, a Florida court will not acknowledge this as a valid will. Instead of recognizing your wishes, the court will either acknowledge an old will or, if you do not have one, will apply the state’s intestacy laws to identify how your estate will be distributed.
Question 3: What if I live 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 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 figure out if your will is valid.