What type of will is made verbally and written down by a witness, generally not valid for real property transfers?

A nuncupative will is a type of will that is made verbally and must be subsequently documented by a witness. This form of will often arises in circumstances where an individual is unable to write down their final wishes, such as during a life-threatening situation. However, it typically has limitations regarding the transfer of real property, as many jurisdictions, including Minnesota, do not recognize nuncupative wills for real estate transactions. The reason behind this restriction is to ensure clarity and prevent potential disputes regarding real property that may arise from verbally expressed wishes.

In contrast, a holographic will is usually handwritten and signed by the testator but does not necessarily require witnesses, depending on state laws. A witnessed will is more formal, involving signatures from witnesses at the time of execution, which helps provide assurance of its validity and the testator’s intentions. An amendatory will refers to a document that alters an existing will, but it must also be properly executed to be valid. Thus, the characteristics and legal implications associated with nuncupative wills make them unsuitable for the transfer of real property, which aligns with the principles of estate law.