• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset & Business Planning
    • Dental Practice Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Medicaid and Elder Law
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Carmel, Indiana Elder Resources
        • Fishers Indiana Elder Law Resources
        • Greenfield, Indiana Elder Law Resources
        • Greenwood Elder Resources
        • Indianapolis Elder Law Resources
        • Lawrence Elder Law Resources
        • Plainfield Elder Resources
        • Zionsville Elder Law Resources
    • Estate Planning
      • Estate Planning Checkup
      • Estate and Gift Tax Figures
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s and Dementia
      • Asset Protection Planning
        • Business Succession Planning
      • Elder Abuse
      • Elder Law
        • Medicaid
        • Medicaid Planning
        • Planning for Long-Term Care
      • Estate Planning
        • Avoiding Estate Taxes
        • Estate Planning for Parents
        • Frequently Asked Questions for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Women and the Need for Estate Planning
      • Financial Planning
      • Incapacity Planning
      • Legacy Wealth Planning
      • Pet Planning
      • Philanthropy in Your Estate Plan
      • Probate
      • Power of Attorney
      • Serving as Trustee
      • Small Estate Administration
      • Trusts
        • Trust Administration
        • Trust Administration
        • Serving as Executor
      • Understanding Your Social Security Retirement Benefits
      • Wills
        • Contesting a Will
    • Newsletter
    • Pre Consultation Form
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Carmel, Indiana Probate Resources
        • Greenfield Probate
        • Greenwood Probate
        • Indianapolis Probate
        • Plainfield Probate
        • Indiana Probate
        • Zionsville Probate
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Areas We Serve
    • Boone County
      • Lebanon
      • Zionsville
    • Hamilton County
      • Carmel
      • Fishers
    • Hancock County
      • Greenfield
    • Hendricks County
      • Brownsburg
      • Plainfield
    • Johnson County
      • Franklin, Indiana
      • Greenwood
    • Marion County
      • Central Indiana
      • Indianapolis
  • Blog
  • Contact Us

Frank & Kraft, Attorneys at Law

Indianapolis Estate Planning Attorneys

CONNECT WITH US TODAY(317) 684-1100

Attend a Free Workshop
Home » Is an Oral Will Valid in Indiana?

Is an Oral Will Valid in Indiana?

November 1, 2022Will

One of the primary reasons for creating an estate plan is to avoid dying intestate (meaning without a Will or trust in place to distribute estate assets). What happens though, if a loved one who is on the verge of death makes a last-minute oral Will? Is that Will valid?  An Indianapolis estate planning attorney at Frank & Kraft explains how Indiana treats an oral Will and whether you can challenge the validity of that Will.

The Last-Minute Will

Ideally, an estate plan should be created with the advice and guidance of an experienced attorney and should be reviewed and revised on a routine basis to ensure that it keeps pace with the creator’s growing estate and family. For most people, a Last Will and Testament serves as the foundation of their estate plan because a Will can distribute all probate assets. Sometimes, however, the specter of an imminent death prompts a person who never took the time to create a Will to finally want to do so. The knowledge that death is near can also prompt someone to decide to change the terms of an existing Will which requires revoking a previously executed Will. A last-minute (often referred to as “death bed”) Will frequently disinherits someone who was anticipating an inheritance and/or gifts significant assets to someone who was previously not a beneficiary or not a significant beneficiary. Not surprisingly, this often leads to probate litigation.

Is an Oral Will Valid?

If a loved one attempted to create a last-minute oral Will that you wish to challenge, the first consideration is whether such a Will can ever be valid in Indiana. The simple answer is “yes.” The basic requirements for a valid Will in Indiana are that the Will must be in writing (except under very narrow circumstances discussed below) and witnessed by two disinterested witnesses. A handwritten Will can also be valid if it meets the other requirements.

An oral Will (legally referred to as a “nuncupative” Will) can only be valid in Indiana if the Testator was in imminent danger of death at the time he/she made the Will and then subsequently died. Like all other Wills, an oral Will must be witnessed by two disinterested witnesses, one of whom must reduce the Will to writing within 30 days. Moreover, a nuncupative Will can only dispose of personal property valued at $1000 or less (unless the Testator was on active duty in a time of war, in which case the limit is increased to $10,000).

Can I Challenge an Oral Will?

Since an oral Will can be valid in Indiana, the next question is whether the oral Will in question is valid. To contest any Will in Indiana you must allege, and ultimately prove, one of four grounds on which a Will can be declared invalid, including:

  • Improper Execution
  • Lack of Testamentary Capacity
  • Undue Influence
  • Fraud

When the Will you are contesting is an oral Will, the most common reason used to contest the Will is lack of testamentary capacity. To prove that a Testator lacked testamentary capacity, you must prove that the Testator lacked the ability to understand the value or nature of the assets involved, failed to recognize who should receive those assets, and did not understand the ramifications of creating the Will. Just proving that a Testator knew death was imminent does not, by itself, prove a lack of capacity.  Improper Execution may also apply if two disinterested witnesses were not present at the time the Will was spoken.

Contact an Indianapolis Estate Planning Attorney

For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about an oral Will in Indiana, contact an experienced Indianapolis estate planning attorney at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

  • Author
  • Recent Posts
Paul A. Kraft, Estate Planning Attorney
Paul A. Kraft, Estate Planning Attorney
Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.

Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
Paul A. Kraft, Estate Planning Attorney
Latest posts by Paul A. Kraft, Estate Planning Attorney (see all)
  • Debunking Estate Planning Myths - May 30, 2023
  • Do I Need an Indiana Advance Directive? - May 25, 2023
  • Which Document Is More Important in My Estate Plan — a Will or a Living Trust? - May 23, 2023

Other Articles You May Find Useful

Indianapolis estate planning attorneys
How Do I Amend My Will?
Indianapolis probate attorneys
Can I Challenge My Father’s Will in Indiana?
Indianapolis probate attorneys
Signs to Look for When You Suspect a Will Is Invalid

Primary Sidebar

Frank & Kraft, Attorneys at Law

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

Blog Subscription

Signup for our blog to receive our latest estate planning insights!

Where We Are

Frank & Kraft Attorneys at Law
135 N. Pennsylvania Street Suite 1100
Indianapolis, IN 46204-2485
Phone: (317) 684-1100
Fax: (317) 684-6111

See Larger MapGet directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM
Friday8:00 AM - 5:00 PM

Map

frankkraft_sidbr_map

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
footer-logo

Frank & Kraft Attorneys at Law
Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.

© 2023 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us