Are "Deathbed" (Nuncupative) Wills Recognized in Tennessee

elderly person making a deathbed (nuncupative) willTennessee recognizes three types of Wills. This entry will give some insight into how a verbal "deathbed" declaration is handled. This type of Last Will and Testament is referred to as a Nuncupative Will in the Tennessee statue (T.C.A. 32-1-106) . It is, by far, the most difficult to substantiate and is very restrictive regarding the value of what may be bequeathed in this manner.    Basically, a nuncupative Will is an oral declaration from the death bed when the testator believes he or she is about to die from some impending peril, either illness or trauma or other circumstance.  For the Will to be valid, the testator must actually die from the illness, trauma or circumstance that prompted the noncupative declaration.  cannot alter any other valid Will that precedes the verbal declaration. The deathbed declaration must be heard (witnessed) by two disinterested parties, must be written down within thirty days following the declaration, be submitted for probate within six months following the death of the testator.  Property so bequeathed cannot have a value in excess of $1000 for a civillian and $10,000 for someone in who is active duty military.If a person wants to be sure possessions are distributed according to their wishes, and especially if their estate is not of insignificant value, nuncupative declarations are not an option.  Why not remove the element of chance or doubt for something of such importance by securing good legal advice and assistance in preparing your Will.

Amelia Crotwell, JD

Amelia Crotwell, founder and managing partner at Elder Law of East Tennessee, has guided families through long-term care and special needs challenges for nearly two decades. Specializing in Life Care Planning and special needs trusts, Amelia also collaborates across all areas of elder law, including wills, trusts, Medicare, Medicaid, probate, and veterans benefits planning. Certified as an Elder Law Attorney since 2011, she is president-elect of the Life Care Planning Law Firms Association and co-chair of their strategic planning committee. Amelia is deeply involved in the Special Needs Alliance and a prominent member of the National Academy of Elder Law Attorneys. She played a key role in founding the Tennessee chapter of NAELA, serving as its first president. A member of the Tennessee Bar Association and past chair of its Elder Law Section Executive Council, Amelia also dedicates time to pro bono work and community education. She earned her J.D., summa cum laude, from the University of Tennessee College of Law and teaches Elder Law there as an adjunct professor since 2018.

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