Should You Create a Video Will?
When you think of a will, most people of a certain age would probably picture a parchment scroll with old English lettering declaring the Last Will and Testament of the departed. And indeed, the will is a legal document with a long history, requiring only paper, writing instrument and witnesses to execute and become legally binding.
So does modern technology have a role to play in the creation of a 21st century will? Should you create a video will for your surviving heirs?
The answer is, it depends. A video will is when the testator – the person whose will it is – reads his or her will on camera. A video will provides the testator with a last forum for explaining their bequests, if such explanations may be necessary.
The main benefit of creating a video will is if the testator’s mental competence could potentially be called into question by heirs. In this way, a video will functions more as evidence of competence should that person’s “sound mind” be called into question in court.
However, you should be aware that a video will cannot replace an official paper copy, drafted by a knowledgeable attorney and signed by you and two witnesses. A video will alone is not sufficient to hold up in probate court.
If you are considering the incorporation of a video will into your estate plan for any reason, consult with your estate planning attorney before you proceed. It is important that your estate planning attorney is present for the taping of your video will, and that you consult with him or her beforehand as to the content of your video will.
