Generally, the only recognized oral Wills are those made by a soldier on active war duty, a sailor at sea, or a person in immediate danger of death who does not have time to prepare a written Will and have it properly executed.

Even the twenty or so states that allow oral Wills in emergencies differ, so be sure to check with an attorney in your state. In some states, an oral Will must have at least two witnesses. Ohio goes further and requires that:

“An oral will, made in the last sickness, shall be valid in respect to [a] personal estate if reduced to writing and subscribed by two competent disinterested witnesses within ten days after the speaking of the testamentary words. Such witnesses must prove that the testator was of sound mind and memory, not under restraint, and that he called upon some person present at the time the testamentary words were spoken to bear testimony to such disposition as his will.”

In normal circumstances, one should never rely on an oral Will or oral agreements or statements about a Will or a Trust. It is always best to put your Will in writing, and preferably, with legal counsel