Do you know what a nuncupative will is? Are oral wills admissible in West Palm Beach probate courts? If you are unsure if your foreign will is admissible in West Palm Beach you may want to check out this new case out of the Fourth District Court of Appeal dealing with an oral Argentine will.
Oral Wills
- An oral will is sometimes called a nuncupative will.
- These are usually stated to a party who transcribes them, and then the testator can review.
- Are oral wills admissible in West Palm Beach?
- The true answer is it depends.
- West Palm Beach probate courts will usually admit a will that is validly executed under foreign law but there are exceptions.
- The Courts will not admit an unsigned or un-witnessed will regardless of the other formalities.
- Are you unsure if your will is up to speed in West Palm Beach?
- Experienced Palm Beach probate litigators can help out in two ways.
- First they can offer a consultation on the validity of your foreign will.
- Second if the will is not valid or questionable then an experienced Palm Beach probate firm can help you revise your estate plan and form a new will.
- Did you know that in many States in South America an oral will is acceptable?
- Check out this recent case out of the Fourth District Court of Appeals that involved two wills one from New York and one from Argentina.
Battle of the Wills: Malleiro v. Mori
- This was a battle over the validity of an oral will from Argentina that was executed with the help of a notary.
- Keep in mind that a South American notary has more responsibilities than an American one and wills of this kind are normal.
- The question was did the Argentine oral will revoke a New York will that would be valid in Florida?
- The Court said it did not.
- Can you guess why?
- If the Argentine will was valid to revoke the New York will it still would not be valid to be admitted in West Palm Beach probate court.
- This could spell intestacy for the testator who passed away at the age of 79 without children or spouse.
- Are you or a family member living in South Florida with a foreign will?
- Are you sure that it has the formalities needed in West Palm Beach?
Want to learn more about this interesting case?
Check out the entire dispute by clicking here.