Two witnesses are present when someone expresses a desire that her estate pass to her husband; one witness signs the statement. This is an example of

Two witnesses are present when someone expresses a desire that her estate pass to her husband; one witness signs the statement. This is an example of

• A. an enforceable holographic will
• B. an unenforceable holographic will
• C. an enforceable nuncupative will
• D. an unenforceable nuncupative will

Answer: (D)

In a nuncupative will, the testator’s oral declaration about who will receive property must be witnessed and properly executed to be valid. Here, two witnesses were present and the declaration was made, but only one of the witnesses signed the statement. That incomplete signing means the execution formalities weren’t met, so the document cannot be treated as an enforceable nuncupative will. Holographic wills, by contrast, must be entirely in the testator’s own handwriting with no required witnesses, which isn’t the case here.

In a nuncupative will, the testator’s oral declaration about who will receive property must be witnessed and properly executed to be valid. Here, two witnesses were present and the declaration was made, but only one of the witnesses signed the statement. That incomplete signing means the execution formalities weren’t met, so the document cannot be treated as an enforceable nuncupative will. Holographic wills, by contrast, must be entirely in the testator’s own handwriting with no required witnesses, which isn’t the case here.