Oral Wills Not Legally Enforceable? 5 Ways to Leave a Valid Will

movie wills, what happens in real life?

in movies and TV shows, we often see a dying father gathering his family around his bedside and making a verbal will about the distribution of his estate. it's very touching to see the family tearfully listening to the father's last words, but is a verbal will legally enforceable?

the short answer is that a simple verbal will is not legally enforceable, and many people don't realize this and end up with a messy inheritance.

5 Ways to Make a Will Recognized by Our Civil Code

our civil law has very strict legal requirements for wills. there are only five ways to make a will that are recognized by law. Let's take a look at each of them.

handwritten wills

the testator handwrites and seals the full text, date of creation, address, and full name. this is the simplest and most common form of will, and is invalid if it's dictated by a computer or someone else.

recorded will

this is when you leave your wishes by voice using a recording device. at least one witness must be present, and both the testator and witness must participate in the recording.

notarized will

you speak your wishes in front of a notary public, who writes them down and notarizes them. it requires two witnesses and is considered the safest method, with the lowest chance of legal disputes.

secret deed will

the document in which you write your will is sealed to keep the contents secret. the testator signs the outside of the envelope and two witnesses are also required.

handwritten wills

a will made orally by the testator in the presence of two or more witnesses and dictated by one of the witnesses when the testator is unable to write otherwise due to illness or an emergency. It must be probated by a court within seven days after the emergency ends.

why simple oral wills are invalid

it's clear why a simple verbal will made in front of your family isn't legally enforceable. the Civil Code states that a will is not recognized unless it is made in the manner prescribed by law.

there's a reason for this strict standard. it's to prevent inheritance disputes and legal confusion that can arise from unclear wills after the testator's death. if we recognized the validity of verbal wills, there would be no end of family disputes over who heard what.

how to give legal effect to a verbal will

so what do you do when you want to leave a verbal will? you can fulfill the requirements for a recorded will.

for a recorded will to be valid, it must meet the following conditions: First, at least one witness must be present. Second, the testator must say their name and the date of the will in person. Third, the words and intent of the will must be clearly recorded. fourth, the witness must also participate in the recording to verify that the will is accurate.

if any of these requirements are missing, the will will be invalid. note that simply recording yourself on your phone has no legal effect whatsoever.

frequently asked questions

Q1. Who can be a witness to a recorded will?

minors, incompetent persons, limited incompetent persons, persons who will benefit from the will, their spouses, and their immediate blood relatives cannot be witnesses. It is safer to have a disinterested third party as a witness.

Q2. What if I'm on my deathbed and need to make a will in a hurry?

you can utilize the oral testamentary method. you must make your will verbally in the presence of at least two witnesses, have it transcribed by a witness, and have it probated by the court within seven days of the end of your life.

Q3. If I make a will, can I amend it later?

yes, a testator can revoke a will or make a new will at any time. if the new will conflicts with the old will, the new will will take precedence.

Q4. Can I just sign my handwritten will instead of stamping it?

under civil law, a handwritten will requires a seal. case law recognizes stamps as well as seals, but we recommend using a seal for authenticity.

wrapping up

oral wills are not recognized as legally valid. To leave a legally valid will, you need to choose one of the five methods outlined by the Civil Code and follow the requirements thoroughly. plan ahead to make sure your wishes are properly communicated.

if you have more questions about wills and inheritance, let us know in the comments. if you enjoyed this article, please add a neighbor and subscribe.