The Dayton Law Firm, P.C.

Using Video for a Last Will & Testament?

Mary Randolph, J.D. explains that there really is no such thing as a video will or a digital will. It's still the law that to be valid, a will must be on paper and signed. And in most cases, a will must also be dated and signed by two witnesses who watched the will-maker sign it. (In one Tennessee case, a court accepted a will that had been "signed" electronically-but the will itself was still printed out.)

So if you have nothing but a recording of the deceased person's last wishes, you're very unlikely to have a will that would hold up in court. Of course, if the relatives all agree to follow the recorded wishes, and debts and taxes are paid, then there's no problem with the family accepting a recorded statement as a sort of will. Just don't expect a probate court-or a bank or other institution that controls any assets in the deceased person's name-to accept it.

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