Which will is made orally by a testator near death and may transfer only personal property, requiring witnesses?

• A. Formal will
• B. Holographic will
• C. Nuncupative will
• D. Mystic will

Answer: (C)

Nuncupative will is an oral declaration of testamentary disposition made by a testator who is near death. Because it’s spoken, it’s prone to misinterpretation, so rules require witnesses who heard the declaration to attest to its content and the testator’s capacity. It typically covers only personal property, since transfer of real property usually requires a written instrument. To be enforceable, the oral statement is often required to be reduced to writing and signed by witnesses within a short time after the declaration. The other types differ in form: a holographic will is handwritten by the testator; a formal will is a written instrument executed with statutory formalities; a mystic will involves a sealed declaration and isn’t routinely recognized in modern practice.