In states that allow nuncupative wills, the testator does not have to be legally capable of making a written will.

Name: In states that allow nuncupative wills, the testator does not have to be legally capable of making a written will.
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In states that allow nuncupative (oral) wills, the testator must still meet the legal capacity requirements applicable to making a will, which typically include being of sound mind and of a certain minimum age, just as they would for a written will.

In States That Allow Nuncupative Wills, the Testator Does Not