The Validity of an Oral Will

Some states uphold oral wills. These states usually validate them only if they were made during the deceased’s “last sickness.” A person is considered to be in his or her last sickness if he or she makes the will knowing he or she is about to die. Additionally, states may require that as many as three witnesses heard the will being made and quickly put it in writing. Some states also limit the type of property and amount of money that can be distributed in an oral will.