October 2nd, 2012
There is almost never anything good that can be gained by videotaping the execution of a will. Chances are the testator will be nervous that the whole episode is being taped and that likely will end up showing up on the video. One of the only reasons that you would tape the execution of a will is a concern about an incapacity challenge, so think about – nerves aside – how the testator is going to look to a jury.
If you think there will be an incapacity challenge, you’re almost always better off instead having witnesses execute contemporaneous affidavits attesting to all those facts that will support a finding of capacity under the laws of your jurisdiction.
Of course, then cases like Patterson-Fowlkes v. Chancey come along where the videotaping of a will execution pays off.
So, what good stuff was on the tape of Ruth Chancey Wright executing her will? (more…)