Last Will

In succession we learn that there are basically two kinds of wills: a notarial will and a holographic will, both of them in writing. It came to me as a surprise that a video will was not enforceable with the same legal efficacy as the prior two even if the required witnesses and a notary public are also shown on the video. The required procedures in the execution of a will are after all simply there to ensure that contents of the will are the true wishes of the testator. They were crafted with the assumption that the expressed wishes of the testator could only be preserved on paper, an assumption that has become a bit outdated. A video will, at least in my opinion, is a more secure and enduring way of expressing peoples’ wishes than writings on paper or any material or surface.

Legally the predicament is understandable since a will is a purely statutory act. A person is permitted to partially control the disposition of his estate after his death only when he complies with the formalities prescribed by law. However when viewed from the lay person’s perspective it becomes increasingly irrational why a person’s last wishes cannot be legally enforceable if captured on video. Videos give the added benefit of being able to see the testator at the time of his statement – showing indisputably that the statement came from him and that he was, at least apparently, mentally capable of making a disposition of his estate. The only problem in my mind of having a video will is that due to the ease by which data can be copied, and copies of the video will can be made, the right of the testator to revoke his will may be compromised. In written wills all the testator had to do was destroy the will in order to revoke it. But how do you make sure that your video will is revoked when some copies of your will, being lost and unaccounted for, hasn’t been destroyed?

Right now video wills are used as a supplement to written wills. The testator usually reads his written will in front of a camera sometimes giving explanations of why he chose or did not choose to give this property to whomever. This provides the intent of the testator useful for interpreting the provisions of the will. It also provides some proof of the mental capacity of the testator in case of dispute. The Laws of succession are one of the oldest provisions of law that we have. Maybe it’s about time it was updated to account for the advances in video technology – something that may help forestall litigation between heirs in settlements of estates.

Linus Madamba
Post#12