How to Videotape a Will

A last will or testament determines how a person’s possessions are to be distributed after their death. Any legal adult over the age of 18 is allowed to draft a will. Videotaping a will help prevent it from being contested, because it can show that testator was of sound mind when he bequeathed his assets. Not all states recognize video wills, so check local laws. You might have to supplement the tape with a written will. Since video wills are a new legal area, it’s a good idea to follow the general practices followed by videotaped depositions, which have been in use longer.

Difficulty: Moderate

Instructions

Things You'll Need:

• Video camera
• Lav mic
• Tripod

1. Insure solid technical quality. Make sure that there is enough light to see the testator’s face and that he or she is speaking clearly without distortion. Try to use a lavaliere microphone. Your camera should be on a locked down tripod. Medium close ups seem to works well. Be sure to have enough tape to cover the entire length of the session. You will not be editing. Run your audio and lighting tests, then hit "record." Any technical data necessary to play back the tape, such as record speed and format should be included with the tape.

2. In some states, like Louisiana, for a videotape will to be admissible as a will the testator must by sworn in by a person authorized to take oaths. The officer of the court has to identify himself on camera, and administer the oath to the testator on camera as well. The entire tape may be admitted as evidence in case of a contested will.

3. The testator begins by identifying himself, giving his place of residence, declaring that he is of sound mind and that this recording and accompanying hard copy if necessary supersede any previous wills. He should mention the date, time and place of the recording. The testator then recounts his last wishes and records the names of the beneficiaries and what they are about to receive. If a written will is required as well, the testator should mention the name and addresses of his will’s witnesses.

4. It’s not a good idea to interrupt the video taping of a will, but if you must or it goes past more than one tape, the end of one section or tape should be announced and the beginning of each following tape should be announced as well. The video tape should permanently record the hours, minutes, seconds and date.

Tips & Warnings

• Videotaping a will can allow you to be more personal in what you leave to your family and friends. They can have a memory of you after your death that wouldn’t be there otherwise.