Nuncupative wills—also known as oral wills or verbal wills—are only recognized in about twenty states—and only in limited circumstances in those states. In states that do recognize nuncupative wills, the testator (person making the will) usually must be “in their last sickness” (on their deathbed) or “in imminent peril of death.” A few sates permit nuncupative wills made by military personnel on active duty or in war or armed conflict and by a mariner while at sea.

There usually must be two or three witnesses present who hear the testator speak the words demonstrating a testamentary intent to dispose of the testator’s property at the testator’s death. In some states these witnesses are required to transcribe (write down) the testator’s testamentary wishes (will) within a certain period.

States that recognize nuncupative wills usually limit the amount of property that can be conveyed and limit the property to personal property (not real property or real estate). Laws regarding nuncupative wills are usually located in a state’s statutes—often in the estates and trusts code or probate code.

In Illinois, nuncupative wills, also known as oral or verbal wills, are not generally recognized. Illinois law requires that wills be in writing, signed by the testator, and witnessed by at least two individuals who are present at the same time and observe the signing of the will. This is outlined in the Illinois Probate Act of 1975. There are no provisions in Illinois statutes that allow for the legal recognition of nuncupative wills, even under circumstances of last sickness or imminent peril of death. Additionally, Illinois does not make exceptions for military personnel or mariners at sea. Therefore, for a will to be valid in Illinois, it must adhere to the formal requirements set forth by the state's probate code.