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A nuncupative will is a will that is completed
by a person who is in imminent peril of death from illness or otherwise. The will is only valid if the testator
actually died as a result of the impending peril. T.C.A. § 32-1-106 provides in this
entirety as follows:
(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 the testator's 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 dollars ($1,000), 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 dollars ($10,000).
(c) A nuncupative will neither revokes nor changes an existing written
will.
This type of will is very limited and has
very specific requirements that are restrictive. The nuncupative wil...
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