Professional Documents
Culture Documents
studies
April 2010
Video-recording the
will execution ceremony
Gerry W. Beyer*
Only three states (Arkansas, North Dakota and Ohio) permit the testator to testify during the probate
of his or her will via pre-mortem probate procedures.1 For testators in other states, the only hope of
being “seen” during probate, short of a séance, is to video-record the will execution ceremony. This
Study reviews the following aspects of this technique:
n Uses n Amissiblity n Potential problems
n Advantages n Sample procedure
From Star Trek’s Captain Kirk leaving a video emony itself, which includes the major ele-
to be watched upon his death in his attempt to ments needed to fully utilize the advantages
get Spock and McCoy to work together in an of this innovative technique.
emergency situation2 to Rodrigo Rosenberg
making an 18-minute video to be viewed Uses of Will Execution
®
upon his disappearance in May 2009, which Video-recording
allegedly named his murderer,3 people have A meticulously prepared video, recording
wanted to “speak from the great beyond” both the visual and audio aspects of the will
to their family and friends. One of the ways execution ceremony, may prove indispensable
modern video-recording technology can help should a will contest arise. This procedure pro-
ensure that a client’s wishes regarding at-
death distribution of property are carried out
is by preserving evidence of the will execution
ceremony and its important components, such
as the condition and appearance of the testator
and the presence of witnesses, along with an
Estate Planning Studies and Briefs® is
accurate reproduction of the exact document published by trust departments around the
that was signed. Although video-recording the country and distributed free of charge to
will execution ceremony is not common prac- estate planning professionals. For details,
tice, the potential of this technique must not contact The Merrill Anderson Company,
be overlooked. This Study begins by detailing www.merrillanderson.com.
the possible uses of a video-recording of the
will execution ceremony and the status of the
law regarding the video’s admissibility into
evidence. The advantages and disadvantages
of preparing such a recording are examined,
followed by a discussion of the recorded cer-