What will constitute the admissibility of the video will and testament?
The key element is the same for any videotaped evidence. I will show that the recording truly and correctly depicts the events and persons shown. There will be no changes, additions or deletions. A digital clock or a “date/time” generator will be continuously used. I will preserve the “Chain of Custody” of the tapes and I will follow a certain protocol because one of the most litigated matters are the challenges of the Last Will and Testament when a testator/testatrix passes away. The most common concern raised by the heirs is the mental condition of the testator at the time the will was made. The video taping will carefully record visually and audibly the entire will execution procedure. It will give the testator a greater assurance that upon death, the will shall take effect. And it will show not only the testator/testatrix but also the document itself. Additionally, the will may have been lost or destroyed. The videotape will provide excellent evidence of a will’s contents.
An affidavit signed by the camera operator concerning the type of equipment used and that it functioned normally during the session will be executed. The properly prepared videotape of the will execution ceremony will show:
. due execution of the will,
. testamentary capacity,
. testamentary intent,
. the contents of the will,
. lack of undue influence or fraud,
. assist in the will interpretation and construction.
The “Video Will” is viewed as a new evidence which is more reliable and comprehensive. It is commonly used in situations demanding a greater degree of reliability. Videotapes can convey the evidence to a jury clearly, accurately, and completely while reflecting the ultimate search for the truth.
