Assignment 12

Statute: Section 30-1-6, Nuncupative Wills

1. 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:
2. Declared to be his last will by the testator before two disinterested witnesses;
3. Reduced to writing by or under the direction of one of the witnesses within 30 days after such declaration; and
4. Submitted for probate within six months after the death of the testator.
5. The nuncupative will may dispose of personal property only and to an aggregate value not exceeding $1,000.
6. 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

1. To what type of will does this statute apply?
2. What requirements must be met for a nuncupative will to be valid; that is, what are the elements?
3. Mr. Lang, on his deathbed, writes his will on a piece of notepaper, signs it, and delivers it to his sister for safekeeping. Does the statute govern the validity of this will?
4. Larry, on his deathbed, declares that it is his will and that all his property should go to his girlfriend, Beth. Three witnesses are present: Beth, Larry's sister Mary, and the next-door neighbor, Tom. Tom is in an adjoining room. The door to the adjoining room is open. Tom hears what Larry is saying. Assume for the purposes of this example that the will is reduced to writing within 30 days and is submitted for probate within six months.
5. Is this a valid will under this statute? What additional information may be necessary?
6. Assume this is a valid will, and also that Larry had a previous valid written will. What impact does the nuncupative will have on the written will? What is disposed of by the nuncupative will?