Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, October 9, 2018

Stormy Daniels’s Oral Will: Noncupative Wills Make for Risky Estate Planning

Stormy-Daniels-2-300x199Stormy Daniels's recently released memoir, Full Disclosure, was written over a period of 10 years and reveals several facets of the former adult-film stars life. At the forefront is the 2006 encounter with President Donald Trump at Lake Tahoe and the chaos that occurred after her execution of a Non-Disclosure Agreement prior to the 2016 election.

The final chapters of the memoir highlight the tremendous fear Daniels experienced after the Wall Street Journal story featuring the aforementioned Non-Disclosure Agreement and the lawsuit Daniels filed in federal court claiming that the document was invalid. Daniels claimed that she was intimidated by Trump's attorney, Michael Cohen, into signing the agreement as well as being threatened in a Las Vegas parking lot in 2011. By March, 2018, when she filed the suit and was interviewed on CBS's 60 Minutes, Daniels was receiving death threats - on her and her young daughter. This resulted in her having a friend record her directing the disposition of her estate in case any of the threats were carried out.

An oral will, such as a recorded will produced by Stormy Daniels, is known as a nuncupative will and is rarely enforceable, except for some specific exceptions. They are problematic because they raise questions as to authenticity and fraud. Even in our technological era, wills are still required to be signed and witnessed, and the witness are to testify to the person's ability and capacity to execute a will. A document containing a person's original signature must be filed to be entered into probate.

See Cori A. Robinson, Stormy Daniels’s Oral Will: Noncupative Wills Make for Risky Estate Planning, Above the Law, October 9, 2018.

Special thanks to Carissa Peterson (Hrbacek Law Firm, Sugar Land, Texas) for bringing this article to my attention.


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