Question
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
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 thirty (30) days after such declaration; and 3. Submitted for probate within six (6) months after the death of the testator. B. The nuncupative will may dispose of personal property only and to an aggregate value not exceeding one thousand dollars ($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 will is an oral will, a will that is not written. Questions: A. What requirements must be met for a nuncupative will to be valid, that is what are the elements? B. Mr. Lang, on his death bed, writes his will on a piece of note paper, signs it, and delivers it to his sister for safekeeping. Does the statute govern the validity of this will? Why or why not?
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