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An oral will declared by the testator in his final illness, made before witnesses and afterward reduced to writing; not permitted by all state?

User NocFenix
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Final answer:

A nuncupative will is an oral will that is declared in the presence of witnesses and later written down, however, it is not accepted in all states. Living wills and advance directives, such as DNR orders, also play a role in ensuring a person's healthcare wishes are respected if they become incapacitated.

Step-by-step explanation:

An oral will declared by a testator in his final illness, made before witnesses and afterward reduced to writing is known as a nuncupative will. Not all states permit nuncupative wills, and where they are allowed, the requirements for their validity can vary. A nuncupative will is typically only recognized under certain circumstances, such as when the testator is in imminent peril of death and unable to create a written will. Ensuring the wishes of a testator are honored after death, especially regarding the distribution of assets, is an important legal process. Intestate succession law applies when a person dies without a valid will, and the state's laws dictate how the deceased's assets are distributed.

Similar to nuncupative wills, a living will or advance directive details a person's healthcare preferences in the event that they become incapacitated. It often includes directives such as a Do Not Resuscitate (DNR) order. Protecting an individual's end-of-life decisions and understanding complexities of wills and estate planning takes into account a person's culture, religion, and personal preferences.

User Oleksiy Muzalyev
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