VIDEO WILLS

Will are one of the most litigated matters today. The most common concern raised by heirs is the mental condition of the testator (or testatrix) at the time the will was made. Attorneys are addressing the problem more frequently by having the will read on a videotape so that the heirs can see the condition of the testator at the time the will was signed.

A carefully prepared videotape that records both visually and audibly the entire will execution procedure may prove indispensable should the will subsequently be contested. This procedure gives the testator greater assurance that upon death the will has been executed in the manner anticipated; moreover, it allows a ready determination as to whether the various common law and statutory requirements for a valid will have been satisfied.

To assist in the interpretation of the will, the testator's statements made contemporaneously with the execution can prove helpful in determining how various provisions of the will should be interpreted and construed. The testator may explain what he means by certain words phrases and other language so that, in the event a dispute arises, clear evidence of the testator's intent is available.