Given how technology has become so advance creating a will on paper might seem like an antiquated idea to you. After all, if my heirs can see me on video telling them directly how I want my assets distributed, then there can be no argument about my wishes.
But before you power up that latest digital recorder, know that a video will is not a valid will. That's right. Even if you've seen it done a dozen times in movies and television shows, a video will alone is not valid. Your will must be on paper, signed, dated, and witnessed by at least two people.
Now, that does not mean that you can't record the actual drafting and witnessing of the will. In fact, this might just be a necessary precaution if there is any reason people may think you've been somehow coerced or were not of sound mind when creating the will. This video would come in handy should there be a contest and a subsequent court proceeding.
Of course once you've done up a proper will that is legally executable it doesn't hurt to leave behind a video for your loved ones explaining why you distributed your assets the way that you did. And also to leave a final message that could offer them some closure if you passed suddenly without a chance to say goodbye. You could leave this recording with your estate litigation Attorney so that all your estate instruments are in one place and readily accessible upon your death.
*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.