ASSIGNMENT 12

Statute: Section 30-1-6, Nuncupative Wills

a. A nuncupative will may be made only by a person in imminent peril of death and shall be valid only if the testator died as a result of the impending peril, and must be:

1. Declared to be his last will by the testator before two disinterested witnesses;

2. Reduced to writing by or under the direction of one of the witnesses within 30 days after such declaration; and

3. Submitted for probate within six months after the death of the testator.

b. The nuncupative will may dispose of personal property only and to an aggregate value not exceeding $1,000.

c. A nuncupative will does not revoke an existing written will. Such written will is changed only to the extent necessary to give effect to the nuncupative will.

Note: A nuncupative is an oral will, a will that is not written.

Questions

d. Larry, on his deathbed, declares that it is hiswill and that all his property should go to hisgirlfriend, Beth. Three witnesses are present:Beth, Larry's sister Mary, and the next-doorneighbor, Tom. Tom is in an adjoining room.The door to the adjoining room is open.Tom hears what Larry is saying. Assume forthe purposes of this example that the will isreduced to writing within 30 days and is submitted for probate within six months.

1. Is this a valid will under this statute? Whatadditional information may be necessary?

2. Assume this is a valid will, and also thatLarry had a previous valid written will.What impact does the nuncupative willhave on the written will? What is disposedof by the nuncupative will?