Hiring an attorney to write a will might seem like a lot of effort and money. So it's natural to wonder whether you can simply turn on your camera, record your wishes, and avoid a formal will altogether.
While a video may feel easier and more personal, it is not a legally valid will on its own in any U.S. state. However, a video can still play an important supporting role in your estate plan.
This Q&A explains what video wills are, how they can help, the limitations you need to know, and why a written will is still essential.
Understanding Video Wills
What is a video will?
A: A video will is a recorded statement in which a person describes their wishes for distributing their property, identifies beneficiaries, explains decisions, and sometimes discusses who should serve as executor.
While this can be emotionally meaningful and helpful for clarity, a video recording does not replace the legal requirements for a valid will.
Are video wills legally valid?
A: No. A standalone video recording is not recognized as a legally valid will in any U.S. state.
A valid will must be written, signed, and executed with the formalities required under state law. Some states now permit electronic wills signed digitally under strict procedures, but even in those cases, a video alone does not count as a will.
Can a video help support the validity of a written will?
A: Yes. A clear, well-made recording can help demonstrate that you appeared to be of sound mind, that you understood your property and heirs, and that you were acting voluntarily. These factors can discourage or defeat later attempts to contest your written will.
Using Video During the Will-Signing Process
Should I record my will-signing ceremony?
A: Recording your will-signing ceremony can be helpful in certain situations. If you expect someone might challenge your will, a video showing you reading your will aloud, interacting normally, and signing it with your witnesses present can help rebut claims that you lacked capacity or were under improper influence.
What can a video demonstrate?
A: A video can show that:
You appeared rational and sober, and understood the contents of your will.
You communicated your intentions freely, without pressure.
Witnesses were present during the signing (when required by state law).
You acknowledged the document as your will.
These elements strengthen the credibility of your written will even though the video has no legal force on its own.
Are there best practices for recording?
A: Yes, although these are practical guidelines rather than legal requirements. Speak clearly, state the date and location, identify yourself, avoid edits or breaks, minimize background noise, and use equipment that captures your face and voice clearly.
These steps make the video easier to interpret and authenticate if it is ever reviewed in a dispute.
Explaining Your Decisions to Loved Ones
Can a video help prevent conflict among family members?
A: It can. Family disputes often arise when a will contains surprises, such as unequal inheritances, unexpected gifts, or unusual choices of executor or guardian.
While you are not obligated to explain your decisions, a video message can help loved ones understand your reasoning and reduce potential conflict.
What kinds of explanations might be helpful?
A: You might discuss why you chose a particular executor, why one beneficiary is receiving more or less than another, or why you distributed sentimental items in a certain way. These explanations do not have legal force, but they can provide clarity and comfort.
What are the drawbacks of creating a supplemental video?
A: A video:
Is not legally binding.
Cannot appoint an executor or transfer assets.
Cannot replace the written will.
May be lost, corrupted, or erased.
Could cause confusion if poorly recorded.
A video is valuable only when paired with a properly executed written will.
Related: Do Wills Expire?
Why You Still Need a Traditional Will and Trust
If I have a living trust, do I still need a will?
A: Yes. A living trust avoids probate for assets you’ve properly transferred into the trust, but it does not cover everything.
People often acquire property later in life or forget to retitle certain assets. A will is needed to distribute anything not held in the trust and to ensure your intentions are carried out.
Are there things only a will can do?
A: Yes. Only a will can:
Name a guardian for minor children.
Address property acquired shortly before death.
Forgive certain debts owed to you in many jurisdictions.
A trust cannot handle these tasks on its own.
Special Situations: Oral (Nuncupative) Wills
What are nuncupative wills?
A: Nuncupative wills are oral wills allowed in a small number of states under extremely limited circumstances, typically when a person is in imminent danger of death or in certain military situations. These wills must meet strict statutory conditions.
Can a video count as a nuncupative will?
A: Generally no. Even in states that recognize oral wills, a video recording rarely satisfies all the legal requirements. At best, it may serve as supporting evidence during a challenge, but the written will remains the authoritative document.
Practical Guidance
Should I talk to an attorney before making a video?
A: Yes. State laws differ, and an attorney can ensure your written will — your legally enforceable document — is properly drafted and executed. A video can complement your will, but it cannot replace legal advice or formalities.
How Trustworthy Can Help
How can Trustworthy support my estate planning?
A: Trustworthy can help you keep your will, trust documents, and other estate-planning materials secure, private, and accessible to the people you choose.
You can upload digital copies, organize related documents, and share access using granular permissions so your executor or trustee always knows where to find the information they need.
Trustworthy helps your family avoid confusion, delays, and unnecessary stress during a difficult time. You can get started with Trustworthy for free.
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