What is a nuncupative will?

A nuncupative will is a type of will that is spoken rather than written down. This form of will is typically recognized when a person expresses their final wishes verbally in front of witnesses, often in situations where they may not have the ability to create a formal written will. Nuncupative wills are often used in emergencies or unique circumstances, such as a soldier in combat or a person facing imminent danger, where there may not be time to draft a formal written document.

While nuncupative wills can be legally recognized in certain jurisdictions, they often have specific requirements, such as being witnessed by others who can attest to the spoken wishes of the testator (the person making the will). This ensures that there is a level of verification for what was said, making it important for the validity of such wills in legal proceedings.

The other options describe different forms of wills: a will written in front of witnesses (often referred to as a formal will), an official typed document which typically is a standard written will, and a handwritten note that’s generally not legally binding, unless it meets certain requirements of a holographic will. These distinctions clarify why the correct answer accurately represents the definition of a nuncupative will.