Wednesday, March 18, 2009

Wills are one of the most contested legal documents

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

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