Nuncupative wills
A nuncupative will is a spoken will — said out loud instead of written down. Someone can only make one if they are about to die from an emergency or serious illness. For it to count, the person must actually die from that emergency. Two witnesses must hear the person say it is their will. One of those witnesses must write it down within 30 days. It must be turned in to the court within 6 months of the person's death. A spoken will can only give away personal belongings worth $500 or less total. It does not cancel or change any written will the person already had.
474.340. s. — 1. A nuncupative will may be made only by a person in peril of death, whether from illness or otherwise, and shall be valid only if the died as a result of the impending peril, and must be:
(1) Declared to be his will by the testator before two ;
(2) by or under the direction of one of the witnesses within thirty days after such declaration; and
(3) Submitted for within six months after the death of the testator.
2. The nuncupative will may dispose of only and to an value not exceeding five hundred dollars.
3. A nuncupative will neither nor changes an existing written will.
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Source & history notes
(L. 1955 p. 385 § 263)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.