The legal term "oral will" refers to a will that is spoken rather than written. The spelling of "oral" is /ˈɒrəl/, with the first syllable pronounced as "awr" and the second syllable pronounced as "uhl". This corresponds to the phonetic symbols /ɔːrəl/ in the International Phonetic Alphabet. The spelling of "will" is straightforward, but the pronunciation may vary depending on dialect. Regardless of accent, the word contains a short vowel sound followed by a voiced alveolar lateral approximant, represented in IPA as /wɪl/.
Oral will refers to a type of testamentary disposition or estate planning document that is predominantly executed through spoken words instead of a written form. It is a legal concept that allows a person to orally communicate their last wishes and intentions regarding the distribution of their assets and property after their death. While oral wills may have been historically accepted in certain jurisdictions, they are generally subjected to stringent legal requirements, and their acceptance can vary greatly between jurisdictions.
The essential characteristics of an oral will involve the testator (the individual making the will) expressing their final wishes verbally to witnesses who are present during the declaration. The oral will is generally considered valid if it complies with specific legal requirements, such as being made in the presence of a certain number of witnesses, having testamentary capacity, and being motivated by a present and imminent fear of death. However, it is crucial to note that many jurisdictions no longer recognize or accept oral wills due to the inherent risks of fraud, ambiguity, and difficulty in proving the authenticity of the testator's intentions.
Additionally, oral wills often lack the important formalities and safeguards that written wills provide, such as clear instructions, clarity of distribution, and the opportunity for independent legal advice. Consequently, relying solely on an oral will can result in legal disputes, challenges, and potentially unintended distribution of assets. To ensure a sound and valid testamentary disposition, it is strongly recommended to adhere to the legal requirements and formalities of executing a written will, which offers greater certainty, clarity, and protection in accordance with the laws of the jurisdiction.