Videotaping the Will Execution Ceremony - Preventing Frustration of the Testator's Final Wishes

55 Pages Posted: 13 Feb 2009

See all articles by Gerry W. Beyer

Gerry W. Beyer

Texas Tech University School of Law

Date Written: February 12, 2009

Abstract

The legal system has increasingly utilized modern technology in carry out its duties including, more recently, the videotape. It thus would seem that serious consideration of using videotapes in a will situation is warranted. This article delineates the uses of videotaping will execution ceremonies and the theories of admissibility of the videotape to prove the testator's statements made contemporaneously with the will execution. This can be distinguished from the more traditional and established methods of acquiring admission of the testator's declarations. Also detailed are the substantive and technical contents of the videotaped will execution ceremony. The article further presents the benefits as well as the potential difficulties of using videotape for this purpose. The author concludes with a look to the future: the possibility that a will execution videotape could serve as the will itself.

Keywords: wills, video will

JEL Classification: K11, K19, K39

Suggested Citation

Beyer, Gerry W., Videotaping the Will Execution Ceremony - Preventing Frustration of the Testator's Final Wishes (February 12, 2009). St. Mary's Law Journal, Vol. 15, No. 1, pp. 1-55, 1983. Available at SSRN: https://ssrn.com/abstract=1341907

Gerry W. Beyer (Contact Author)

Texas Tech University School of Law ( email )

3311 18th Street
Lubbock, TX 79409-0004
United States
806-834-4270 (Phone)
978-285-7941 (Fax)

HOME PAGE: http://www.ProfessorBeyer.com

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