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.

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