What is a Video Will?

A testator makes a video will when he or she reads the will on camera, and perhaps even explains why he or she chose to make distribution of his or her assets in the manner that he or she did.  Many times, the video will also show the execution of the will.  The primary reason for executing a video will is to prevent will contests, or unhappy relatives of the testator who wish to challenge the will and/or its provisions.  The videotape preserves the testator speaking and explaining the will, which provides proof that the testator was of sound mind when creating and executing the will.  Furthermore, the videotape provides proof that the will was executed in a legally valid manner, in terms of the correct amount of disinterested witnesses present, and other procedures that are followed. 

Legal Requirements and Laws for Video Wills

Of course, each state’s laws regarding the making of video wills, and their usage in probate proceedings, varies.  Additionally, videotapes do not last forever, so there is always the possibility that the video will does not survive the testator’s death.  Therefore, a video will is in no way meant to be a substitute for a properly executed written will.  Rather, a video will is designed to supplement, or provide additional foundation for, a standard written will.  Nonetheless, particularly when a testator is quite elderly, has been ill, and is now wanting to execute a new or modified will, a videotape can constitute excellent evidence against any claims of incapacity or other arguments against the will’s validity.

Do You Need a Lawyer?

Typically, you should have your attorney present with you during the videotaping and execution of your will, which will help to lend validity to your videotape, and will ensure that you comply with all necessary legal requirements.  Plus, an attorney may typically serve as at least one disinterested witness to the execution of the will, and will advise you on the best method of safeguarding your videotaped will for years to come.