• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Unsworth LaPlante, PLLC

Vermont Estate Planning Attorneys

Vermont: (802) 879-7133

Attend A Free Workshop
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
    • What to Expect When Working with Us
  • Services
    • Estate Planning
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Medicaid Planning & Elder Law
    • Pet Planning
    • Special Needs Planning
    • Trust Administration
    • Young Families Planning
  • Resources
    • Articles
    • Elder Law Reports
    • Elder Law Resources
      • Burlington
      • Montpelier
      • Rutland
      • St. Johnsbury
      • White River Junction
    • Estate And Gift Tax Figures
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Elder Law
        • In-Home Elder Care
        • Medicaid
        • Planning for Long-Term Care
      • Estate Planning
        • Business Succession Planning
        • Estate and Gift Tax
        • Estate Planning for Blended Families
        • Estate Planning for Parents
        • FAQs for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Taxes on Inheritances in Vermont
      • Incapacity Planning
      • IRA & Retirement Planning
      • Gift, Estate, and Inheritance Taxes
      • Legacy Wealth Planning
      • Philanthropy and Estate Planning
      • Pet Planning
      • Revocable Living Trust
      • Special Needs Planning
      • Trust Administration
      • Trusts
      • Wills
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
      • Medicaid Analysis Worksheet
      • Medicaid Guide
      • Vermont Medicaid
    • Newsletters
    • Presentations
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
    • SECURE Act
    • Top Estate Planning Techniques
  • Webinars/Seminars
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact
Home » Is an Oral Will Valid in Vermont?

Is an Oral Will Valid in Vermont?

October 13, 2022 by Stephen Unsworth

Essex Junction estate planning attorney

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? The Essex Junction estate planning attorneys at Unsworth LaPlante, PLLC discuss the validity of an oral Will in Vermont.

What Are the Basic Requirements for a Valid Will in Vermont?

For any Will to be valid in Vermont, the following basic requirements must be met:

  • The Testator must be at least 18 years old at the time the Will is executed
  • The Testator must be of sound mind
  • The Will must be executed in the presence of two or more witnesses

What Is an Oral Will?

An oral Will (or “nuncupative” Will) is a Will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of Wills, which is written and according to a proper format. In Vermont, 14 V.S.A. § 6 governs oral Wills, stating as follows:

“A nuncupative will shall not pass personal estate when the estate thereby bequeathed exceeds the value of $200.00, nor shall such will be proved and allowed, unless a memorandum thereof is made in writing by a person present at the time of making such will, within six days from the making of it, nor unless it is presented for probate within six months from the death of the testator.”

Why Would Someone Make an Oral Will?

Ideally, every adult would have an up-to-date written Last Will and Testament when they die. 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. Either way, a last-minute spoken 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, the chances of someone challenging an oral Will are much higher than the odds of challenging a written Will.

What Are the Problems with an Oral Will?

Along with increasing the odds of a Will contest being filed after your death, there are other reasons why you should avoid a last-minute “death-deb” Will. Even if the oral Will you create is determined to be valid, you can only pass $200 worth of assets using an Oral Will in Vermont. Although you may not own high-value assets, the odds are very good that you care what happens to the assets you do have. You may, for example, have family heirlooms that have been in the family for generations that you intend to pass on to someone specific. Or maybe you have a collection that you promised to a favorite niece or nephew. If you are a philanthropist, you may also hope to leave your assets to a charity that is close to your heart, or you might have strong religious beliefs and want a church or other religious organization to inherit the assets you own when you die. Regardless of how you wish to distribute your estate assets, you give up the ability to make those decisions if you leave behind an intestate estate. When a decedent dies intestate, the state intestate succession laws determine how the estate assets are distributed. Those laws typically dictate that assets be passed down to close family members only and in the proportions established by the laws only.

Contact Essex Junction Estate Planning Attorneys

For more information, please attend one of our upcoming FREE webinars. If you have questions or concerns about creating a valid Will in Vermont, contact the experienced Essex Junction estate planning attorneys at Unsworth LaPlante, PLLC by calling 802-879-7133 to schedule your appointment today.

  • Author
  • Recent Posts
Stephen Unsworth
Stephen Unsworth
Stephen A. Unsworth is admitted to practice in both Vermont and Maine, and has more than 30 years of experience in estate planning and business law. His mission is to provide quality estate planning services, including assistance with Living Trusts, Wills, Medicaid Planning, Probate, Trust Administration, Powers of Attorney, Special Needs Planning, and Family Limited Partnerships.
Stephen Unsworth
Latest posts by Stephen Unsworth (see all)
  • Does My 401(k) Account Count for Medicaid Eligibility? - October 20, 2022
  • Senior Care Options - October 18, 2022
  • Is an Oral Will Valid in Vermont? - October 13, 2022

Filed Under: Will

Other Articles You May Find Useful

Last Will and Testament
How to Avoid Mistakes When Creating Your Last Will and Testament
The Role of a Will in Vermont
Unsworth LaPlante, PLLC
Free Report:Is Legacy Planning for You?

Primary Sidebar

Elder Law and Medicaid Planning Attorneys

Unsworth LaPlante, PLC

DOWNLOAD OUR FREE ESTATE PLANNING WORKSHEET

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Blog Subscription

Sign up to Unsworth LaPlante's estate planning blog to receive all the latest news and updates.

  • This field is for validation purposes and should be left unchanged.

Essex Junction, VT

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

Map

unsworth_sidbr_map

Office Hours

Monday8:00 AM - 4:00 PM
Tuesday8:00 AM - 4:00 PM
Wednesday8:00 AM - 4:00 PM
Thursday8:00 AM - 4:00 PM

Footer

footer-logo
  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

The information on this Vermont Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

American Academy of Estate Planning Attorneys, Inc. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2023 American Academy of Estate Planning Attorneys, Inc.