Recognize Video Wills as a Preferred Form of Will
The Goal. To recognize
that videotaped wills are more believable than written wills.
The Problem. Currently,
there are only a handful of states that consider nuncupative wills as
acceptable. This means people who have died without having created a written
last will and testament will have their wishes nullified, even if they had an
oral or video will to support them.
Many legislatures do not realize that nuncupative
wills, especially those in video form, are in fact more reliable than written
wills, as they clearly show the testator’s state of mind while drafting the
will. In videos, they can further explain their reasons for inheriting or
disinheriting a family member, and that will be harder to contest if the video
clearly shows that they are of sound mind and understand fully the
ramifications of the will.
The Solution. All states
should legalize nuncupative wills, and in the event that both written and video
wills are present, the latter should be recognized as the valid will. In
written wills, it’s hard to detect if there was unduly influence or if the
testator was tricked into signing the will. Therefore, video wills should be
the more preferred option.
Don’t ever take chances with your family’s
future. Talk to a trust attorney today to set up an estate plan that will
distribute your assets the way you wanted them to be distributed. Check out https://selfsettledtrust.com/business-attorney/ to learn more.