Nuncupative wills are often used by people who become suddenly ill and have not yet created a will. They then give their will orally to two witnesses who cannot be beneficiaries of the will. They are often disputed in court based on the fact that the testator was not in the right state of mind because they were facing death. Also, the witnesses are may not be found credible. In some cases hospitals may provide individuals with a legal witness that will be more likely to be upheld by the courts.

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