A Video Taped "Will"
* shows the physical condition of the testator.
* shows the mental condition of the testator.
* allows the testator to explain his/her decision.
* elimininates the question of authorship.
* provides added peace of mind; the testators intent has been clearly communicated.
The single most concern raised by the heirs is the mental condition of the testator at the time the will was signed. Insist on a video will with your client and all parties will be able to "see" the clear answer to this question.
Subsequent Changes in the Will : If the testator desires to make changes in his will which was originally videotaped, the codocil to the will should also be taped since it will be important to show all the elements of testamentary capacity and intent at the time the codicil is executed.
If he /she desires to make a signifigant change, a new and complete video taped will procedure
is needed.
Originally in England,both ecclesiastical law and the common law recognized wills that were made by oral declaration. Because this left many unanswered questions as to the validity of the will, the
English Statute of Frauds was enacted that stated that the will must be in writing. One typical definition has been adopted by all states in the Uniform Commercial Code which include the terms " printing, typewriting or any other intentional reduction to tangible form. " This still left
some question as to the validity of the videotaped will.
Because of this problem, The Uniform Rules of Evidence and the Federal Rules of Evidence
have expanded the term "writing" to include " letters, words, sounds, or numbers or their
equivalent, sent down by handwriting, typewriting, printing, photostatting, photographing,
magnetic impulse, mechanical or electronic recording, or other form of data compilation."
This has taken care of the problem as videotapes are specifically included within the separate definition of " photographs ".
Videotaped wills should be considered more reliable and comprehensive .
Simply put, video wills prevent contestation!
Selected historical information taken from " Video Recording the Will Execution ceremony " a
review of St. Mary's Law Journal, Volume 15, Number 1, Dated 1983 Authored by Mr. Beyer
Wednesday, March 18, 2009
5 Major Points in Video Wills
Nothing is more painful in my mind than a family being torn apart over a contested will.
Avoid this situation by having family members that have assets, make video wills.
Lawsuits and the expensive long drawn out legal process create a lot of stress.
Stress can kill you and takes peoples lives all the time, removing them prematurely from the court battle. I know from firsthand experience having survived a heart attack over the stress and expense of a lawsuit, but that's a story for another day.
You can easily create a video will with the required amount of witnesses in your state. I'll recommend you have 2 or more. The trusted witnesses should have no interest or recievership in the will. You'll also need an attorney and a certified legal videographer.
I recommend a court reporter so you can have a written record of the day to further strengthen the validity of the will.
A large majority of the courts in the United States are in total agreement as to what the evidence must show. This is documented in " The Complete Guide to Forensic Videography " by Gail Marquette.
Listed are 5 major points.
1. The testator must understand that he is creating a video will. The testator explaining in front of a video camera the nature of the act about to be performed is strong evidence of such an understanding.
2. The testator must understand the effect of making a will. A videotaped explanation by the testator that the purpose of the will execution is to provide for the distribution of his property upon death would demonstrate this requirement.
3. The testator must understand the general nature and extent of his property. The videotape can record the testator reciting the type and description of his property.
4. The testator must understand the persons who are object of his bounty. Explaining the details of his family situation on videotape is the type of evidence which is likely to curtail will contests by unhappy heirs.
5. The testator must be able to appreciate the above elements in relation to each other and to hold them in his mind long enough to form an orderly desire as to the disposition of his property. A video of the testator discussing the depostion made by the will would tend to prove this important element.
Video wills have been tested in all courts in the nation and have withstood the test of time.
They have proven extremely effective in discouraging contestation.
Avoid this situation by having family members that have assets, make video wills.
Lawsuits and the expensive long drawn out legal process create a lot of stress.
Stress can kill you and takes peoples lives all the time, removing them prematurely from the court battle. I know from firsthand experience having survived a heart attack over the stress and expense of a lawsuit, but that's a story for another day.
You can easily create a video will with the required amount of witnesses in your state. I'll recommend you have 2 or more. The trusted witnesses should have no interest or recievership in the will. You'll also need an attorney and a certified legal videographer.
I recommend a court reporter so you can have a written record of the day to further strengthen the validity of the will.
A large majority of the courts in the United States are in total agreement as to what the evidence must show. This is documented in " The Complete Guide to Forensic Videography " by Gail Marquette.
Listed are 5 major points.
1. The testator must understand that he is creating a video will. The testator explaining in front of a video camera the nature of the act about to be performed is strong evidence of such an understanding.
2. The testator must understand the effect of making a will. A videotaped explanation by the testator that the purpose of the will execution is to provide for the distribution of his property upon death would demonstrate this requirement.
3. The testator must understand the general nature and extent of his property. The videotape can record the testator reciting the type and description of his property.
4. The testator must understand the persons who are object of his bounty. Explaining the details of his family situation on videotape is the type of evidence which is likely to curtail will contests by unhappy heirs.
5. The testator must be able to appreciate the above elements in relation to each other and to hold them in his mind long enough to form an orderly desire as to the disposition of his property. A video of the testator discussing the depostion made by the will would tend to prove this important element.
Video wills have been tested in all courts in the nation and have withstood the test of time.
They have proven extremely effective in discouraging contestation.
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