Can a will be oral?

Study for the Wills Bar Exam. Prepare with flashcards and multiple choice questions; every question has hints and explanations. Get ready for your exam success!

A will can indeed be oral in certain jurisdictions under specific conditions, referred to as a nuncupative will. This type of will is typically recognized when the testator, or person making the will, is in a situation where a written will cannot be created, such as in cases of imminent death. However, most jurisdictions impose strict requirements on nuncupative wills to ensure their validity.

These conditions often include the requirement that the testator declares their wishes in front of witnesses, who then must attest to the validity of the will. Additionally, there may be time limits on how long after the oral declaration these wills remain valid, often requiring that it be put in writing within a specified period following the declaration. Therefore, while oral wills are legally recognized in some places, they must adhere to stringent guidelines to be considered valid.

The other options suggest a complete rejection of oral wills or impose unnecessary restrictions that do not reflect the nuanced laws surrounding nuncupative wills in various jurisdictions. Thus, option B accurately captures the complexity of the legal recognition of oral wills.

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