What circumstances have caused the scenario below to become more common in the execution of wills? It is becoming increasingly more common for attorneys to use video wills in conjunction with...
What circumstances have caused the scenario below to become more common in the execution of wills?
It is becoming increasingly more common for attorneys to use video wills in conjunction with written wills. In the video will, the testator (one who makes a will) is seen discussing the contents of the will and why certain choices were made by the testator. Further, it is also becoming more common for a medical doctor or psychologist to also appear in the video with the testator to state that he/she has found the testator to be of sound mind and body. Finally, the video usually shows the testator signing the will along with the signing of the witnesses.
The circumstances that have led to this have to do with increased litigation. The precautions that you mention all have to do with making sure that it will be very difficult for anyone to challenge a will in court. By making the video, the testators can ensure that courts will note that they have considered the provisions of their wills and have deliberately made the choices they have made. By having the doctor, the testators can negate the possibility of claims that they were not competent to make a will. All of these precautions have become necessary because of the increase in litigation over wills.