nuncupative

adjective

nun·​cu·​pa·​tive ˈnən-kyu̇-ˌpā-tiv 

ˈnəŋ-;

ˌnən-ˈkyü-pə- 

: not written : oral

a nuncupative will

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Nuncupative (from Latin nuncupare, meaning "to name") has been part of the English language since at least the 15th century, most typically appearing in legal contexts as a modifier of the noun will. The nuncupative will originated in Roman law, where it consisted of an oral declaration made in the presence of seven witnesses and later presented before a magistrate. Currently, nuncupative wills are allowed in some U.S. states in extreme circumstances, such as imminent peril of death from a terminal illness or from military or maritime service. Such wills are dictated orally but are usually required to be set down in writing within a statutorily specified time period, such as 30 days. Witnesses are required, though the number seven is no longer specified.

Synonyms

• oral
• spoken
• unwritten
• verbal
• viva voce
• word-of-mouth

Examples of nuncupative in a Sentence

the soldier left a nuncupative will that was witnessed by two of his comrades

Word History

Etymology

Medieval Latin nuncupativus, from Late Latin, so-called, from Latin nuncupatus, past participle of nuncupare to name, probably ultimately from nomen name + capere to take — more at name, heave entry 1

First Known Use

15th century, in the meaning defined above

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Legal Definition

nuncupative

adjective

nun·​cu·​pa·​tive ˈnəŋ-kyə-ˌpā-tiv, nən-ˈkyü-pə-tiv 

: stated by spoken word

Etymology

Medieval Latin nuncupativus, from Late Latin, so-called, from Latin nuncupatus, past participle of nuncupare to name, probably ultimately from nomen name + capere to take