Law of Wills, 2016A

(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.
Problems
(Answer the following questions relying on the above statute)
1. Jacob was admitted to the hospital for open heart surgery. Jacob was afraid that he would not
survive the surgery. Jacob’s three friends, Carl, Lawrence and Maurice, sat with him while he was
waiting to go into surgery. Jacob said, “I want to leave $20,000 to my sister, Ellen, so that she can
finish nursing school. I want my brother, Keith to get the rest of my property. I don’t want my other
sisters, Lisa and Mona to get anything from me.” Carl, Lawrence and Maurice agreed to make sure
that, if Jacob died, his wishes would be carried out. While Jacob was in surgery, Carl type up the
conversation that he, Lawrence and Maurice had with Jacob. Lawrence and Maurice signed the
typed statement and agreed that it accurately reflected Jacob’s wishes. During surgery, Jacob had a
heart attack and died. Carl submitted the typed statement to be probate as Jacob’s will. Lisa and
Mona challenged the validity of the will. Is this a valid nuncupative will?
2. One of the tires blew out on Sharon’s tractor. When she tried to repair the tire, the tractor rolled
over and she got trap under it. After Sharon had been trapped for about two hours, her friends,
Evans and Jane discovered her. They tried unsuccessfully to get Sharon from under the track.
Sharon said, “I’m not gonna make it. I need to get my affairs in order.” Evans and Jane tried to
convince Sharon not to give up. But, Sharon said, “I want to leave my house to my cousin Joe and
everything else to my Aunt Tabby.” Sharon died a few hours later. Evans wrote out Sharon’s will
and submitted it for probate. Is this a valid nuncupative will?
3. Norman was a private in the United States army stationed in Iraq. One day Norman was shot in
the chest by a sniper while he and five other men were on patrol. As he lay on the ground bleeding,
Norman told his friend Mitchell, “I want my friend, Nina, to have the $8,000 in my savings account.
My parents can have everything else.” Norman died a few moments after making his statement.
Two days later, Mitchell wrote out Norman’s wishes and submitted the document for probate. Is
this a valid nuncupative will?
4. Molly and four of her friends were riding their bikes. Molly fell off her bike and hit her head.
Molly’s friend, Dena called 911 and waited with her for the ambulance to arrive. Molly started crying
and said, “If I die, I want my sister, Sammy, to have everything I own. It is probably only worth
about $500, but it’s better than nothing.” Dena took out a napkin and wrote down what Molly told
her. Molly died on the way to the hospital. The next day, Dena submitted the napkin to be probated
as Molly’s will. Is this a valid nuncupative will?
554