Nuncupative will; requisites; limitations
Sec. 4. (a) A nuncupative will may be made only by a person in
imminent peril of death, whether from illness or otherwise, and shall
be valid only if the testator died as a result of the impending peril,
and must be
(1) Declared to be his will by the testator before two (2)
disinterested witnesses;
(2) Reduced to writing by or under the direction of one (1) 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 ($1,000)
dollars, except that in the case of persons in active military, air or
naval service in time of war the aggregate amount may be ten
thousand ($10,000) dollars.
(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.
(Formerly: Acts 1953, c.112, s.504.)
Last modified: May 27, 2006