A woman whose medical condition was rapidly deteriorating made an oral will. Shortly after making the will the woman passed away.
The Court held that the oral will is valid. A person who thinks that he is dying may make an oral will, whether he is truly on his deathbed or he truly sees himself as such. With regard to the second situation, it is necessary to review whether a reasonable person in the same circumstances would have felt that he is facing death and the subjective feeling of the specific testator. Here, the deceased had a feeling that she was facing death due to a sudden deterioration in her condition. From an objective perspective, although she was not in a life-threatening situation, due to the deterioration of her condition and the proximity of time between making the will and death, a reasonable person would have seen himself as facing death. Therefore, the woman was in a state that allowed for the making of an oral will and the will is valid.