Nuncupative or holographic wills

  1. Law
  2. US Virgin Islands Code
  3. Decedents' Estates and Fiduciary Relations
  4. Decedents' Estates
  5. Wills
  6. Nuncupative or holographic wills

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  • No nuncupative or unwritten or holographic will, bequeathing or devising personal or real estate, shall be valid, unless made by a soldier or sailor while in actual military or naval service, or by a mariner while at sea and when made in the following manner—

    • (1) a nuncupative oral will made within the hearing of two persons and the execution and the tenor thereof proved by at least two witnesses; or

    • (2) a holographic will when written entirely in the handwriting of the maker even though the same be unattested.

  • Any such disposition of property by a soldier or sailor shall become invalid and unenforceable upon the expiration of one year following his discharge from military or naval service provided he possesses testamentary capacity at the time of such expiration. If, however, he shall lack testamentary capacity at the expiration of one year from the date of such discharge, it shall continue to be valid and enforceable until the expiration of one year from the time he shall have regained testamentary capacity.


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