Video Will and Testament - Are they Legal? | EstatePlanningLawFirms.com

Writing and signing a will on paper seems so old-fashioned—isn’t it more modern to make a video will? The quick answer is that to be valid, a will MUST be on paper. And in most cases, your will must be dated and signed by two witnesses who watch you sign it, too.

Although you can’t make a video will, you may still want to make a video of you and your witnesses signing the will.

Making a Video of the Will-Signing

Why should you bother to record your signing of the will, if the video doesn’t have any legal effect? A recording of the signing ceremony could be useful in a couple of situations:

You fear someone may claim you weren’t of sound mind when you signed your will. Some people worry a disappointed relative might contest their will in court, on the ground that the will-maker didn’t realize what he or she was doing or was being unduly influenced by someone. If you think there’s a good chance that someone might bring a legal challenge to your will, a recording can be persuasive evidence that you were aware of your options and were acting freely.

You think someone might claim your will wasn’t execute properly. Similarly, a recording will show that the witnesses watched you sign and then signed themselves. That way, no one could challenge your will on the ground that the witnesses didn’t see you sign and so didn’t know whether you were signing willingly and were aware of the effects of your actions.

You want to explain why you made certain choices in your will. If you think that your surviving family members will be surprised or upset by some of the terms of your will, leaving a recorded explanation gives you a chance to set out your reasoning. (You could also explain in writing, but a recording might be more powerful.) If, for example, you explain that you left your vacation cabin to just one of your children because you’ve already given the others money to help buy their own houses, it could help avert misunderstandings, bad feelings, and disputes.

If you do record the will-signing, or make a separate video to explain why you made the choices you did about leaving your assets, be sure to keep the recording in a safe place. The best place is probably with the signed and witnessed original will document. It should be stored in a fireproof box that your executor (the person named in your will to wrap up your affairs after your death) has access to. It’s generally not best to keep a will in a safe deposit box, because your executor may not have access to the box after your death. A will doesn’t have to be filed with a court (or any other governmental entity) until after your death.

Getting Legal Help

If you’re concerned about a legal fight after your death, consult an experienced estate planning attorney. Making a recording of the will-signing isn’t the only way you can try to prevent disputes and preserve family harmony after your passing, and a lawyer may be able to suggest other steps you can take.

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