An oral will is lawful in only one situation: when the testator’s life is threatened by death and a written will cannot be made (Article 629 of the 2015 Civil Code). This is an exceptional form, not a free choice — and even a properly made oral will is automatically cancelled after 03 months if the testator remains alive, sound and lucid.
1. When may an oral will be made?
Article 629 of the 2015 Civil Code permits it only when both conditions are met:
- The person’s life is threatened by death (critical accident, terminal illness, natural disaster…);
- A written will cannot be made under those circumstances.
In other words: a healthy, lucid person who simply “doesn’t feel like writing” and verbally tells the children how to divide assets — that oral will is not lawful.
2. Three conditions for a lawful oral will (Article 630, Clause 5)
Even in an emergency, an oral will is lawful only if all three conditions are satisfied:
- Before at least two witnesses: the testator must express their last wishes before at least two witnesses;
- Written down immediately: right after the wishes are expressed, the witnesses must record them in writing and sign or fingerprint the record;
- Certified within 05 working days: within 05 working days of the expression, a notary or competent certifying authority must certify the witnesses’ signatures or fingerprints.
Missing any condition — e.g. only one witness, or no certification within 05 working days — risks the will being declared void in a dispute.
3. How long does it last?
Article 629, Clause 2: 03 months after an oral will is made, if the testator is still alive, sound and lucid, the oral will is automatically cancelled. Three points to note:
- The 03 months run from the making of the oral will, not from the opening of the succession;
- “Automatically cancelled” means it lapses on its own, no declaration needed;
- If the testator dies within that period, the (lawfully made) oral will takes effect normally like a written will.
4. Who may be a witness?
Witnesses to an oral will must meet the general witness requirements (Article 632): they must not be testamentary or statutory heirs of the testator and must have no property rights or obligations connected with the will’s contents. Disputes show that choosing impartial witnesses from the start avoids half of all later trouble.
5. Frequently asked questions
Q: My grandfather verbally divided land among his children before the whole family — five people heard — but no one wrote it down. Is it valid?
A: Very risky. Even with many listeners, without a written record signed or fingerprinted by at least two witnesses and certified within 05 working days, it is unlikely to be recognised as lawful.
Q: Two months after making an oral will, the testator recovered. Is the will still effective?
A: Yes — but only for one more month. After 03 months, if the testator is still alive, sound and lucid, the oral will is automatically cancelled. They should make a new written will.
Q: Should I proactively make an oral will?
A: No. Oral wills are only for unavoidable emergencies. Under normal conditions, make a written will (preferably notarised/certified) to ensure your wishes are carried out.
Need advice on inheritance, wills or estate division? Contact us for assistance.
This article was prepared by the FLAW AI Legal Council. The content is pending QA Council review before submission for approval; the information is for reference only and does not replace legal advice for your specific case.
