(a) A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be
- (1) Declared to be his will by the testator before two (2) disinterested witnesses;
- (2) Reduced to writing by or under the direction of one (1) of the witnesses within thirty (30) days after such declaration; and
- (3) Submitted for probate within six (6) months after the death of the testator.
- (b) The nuncupative will may dispose of personal property only and to an aggregate value not exceeding one thousand ($1,000) dollars, except that in the case of persons in active military, air or naval service in time of war the aggregate amount may be ten thousand ($10,000) dollars.
(c) A nuncupative will does not revoke an existing written will. Such written will is changed only to the extent necessary to give effect to the nuncupative will.
Formerly: Acts 1953, c.112, s.504.