Video Wills

Probably one of the most litigated matters are the challenges of the Last Will and Testament. The most common concern raised by the heirs is the mental condition of the testator/testatrix. More and more attorneys are covering themselves by having the will read while being videotaped. That way the heirs can see for themselves the condition of the testator/testatrix at the time of the signing. Video Living Wills can also be done.  A properly prepared video of the will execution has the following potential uses:

• Due Execution of the Will
• Testamentary Capacity
• Testamentary Intent
• The Contents of the Will
• Lack of Undue Influence or Fraud
• Assist in Will Interpretation and Construction

We were trained to record the Will Execution Ceremony based on a study done years ago by Professor Beyer and written up in St. Mary's Law Journal, Volume 15, Number 1, dated 1983. It is still valid and should be the basis for all recording related to this subject.

It is important that the establishing of the foundation for the admiting of the Video Will recording be well established. To quote Professor Beyer: "The foundation required to gain the admission of a video recording into evidence has its history in cases which developed the foundation required for more familiar mechanical recording devices. Since video recordings are simultaneous recordings of audio and visual events, the courts have drawn heavily from the law governing the admissibility of audio tape recordings, photographs, and motion pictures when formulating the standards for the admissibility of video recordings"

In order to assure the viewers of the authenticity of the Video Will, It is important for the videographer to establish two main factors. First; that the operator of the equipment is fully qualified and competent to operate the equipment in a professional manner. Second; that the equipment is of professional grade and is in proper working order when the will execution ceremony started. This will be proved by performing an audio/video check prior to the recording of the ceremony. This check will be left at the beginning of the recording with 10 or more seconds of black video before starting the will execution ceremony.

To prove that there were no changes, additions, or deletions once the video will has been recorded, a date/time indicator (including the seconds) will be recorded during the entire will execution ceremony.

Call us for more information or to schedule a video.