nuncupative will

Is a nuncupative will easier to challenge? If so, why would someone choose a nuncupative will?

Precisely because of the possibility of mistake, fraud, and perjury, the circumstances in which a nuncupative will is permitted have been narrowly limited in all jurisdictions. Generally, a nuncupative will can only be made by members of the armed forces during war or armed combat and by mariners at sea, and the will ceases to be valid following the expiration of a period of time after the testator has emerged from those circumstances. In some jurisdictions, a nuncupative will can be made during the testator's last illness. The privilege of making a nuncupative will is limited to a narrow group of persons who are deemed unable to make a written will; no one, even persons in this group, should choose a nuncupative will.

Stephen F. Lappert, Partner, Trusts and Estates Department, Carter Ledyard & Milburn LLP, New York, NY