You’ve probably seen it on TV shows or in movies: A videotape of a will is shown to members of a squabbling family. The deceased, who likely owns a small fortune, reads aloud from a document containing his or her wishes or simply speaks from the heart. Typically, this video reveals a hidden agenda or unexpectedly cuts a family member out of the will. It makes for good entertainment. But the question remains: Are videotaped wills legally binding? The answer is, essentially, “no.”
Technology enables the deceased person to express wishes to the assembled family from beyond the grave, but states generally require wills to be physical documents that are written, signed and properly witnessed during a person’s lifetime. By itself, a videotape isn’t a legally valid substitute for a will. To avoid intestacy, the deceased must have supplied a physical copy of a will. If this document otherwise meets state requirements, it may be supplemented by a video.
However, a videotaped will can still be used to show that the deceased was of sound mind and competent at the time the will was created. Thus, it could prove useful in settling court challenges, including ones by disgruntled family members.
The best approach is to contact an experienced attorney to help you draft a will that meets your personal needs. At a minimum, the will should provide for distribution of assets, establish guardianship of young children and name the executor to handle the estate. Review the will periodically to ensure that it remains up to date. If you then want to supplement the will with a videotape, go right ahead. Just don’t rely on this video exclusively.