"Video Wills" are invalid and inadmissible in Florida
Yesterday at my networking group meeting we were visited by a woman who runs a video production company catering towards attorneys. As she was introducing herself to the group, she stated that among the services she provides was filming depositions and allowing people to film video wills.
At which my ears perked up.
Video wills?
I obviously didn't want to interrupt or embarrass her in front of the group, but I was curious exactly what she meant and I went up and spoke with her after the meeting. Sadly, it was exactly what I feared.
One of her services is filming people speaking in front of the camera and saying, "I so and so want to give my bank account to my daughter and. . . " Not writing, but speaking.
Oy vey.
In Florida, video wills are invalid. Inadmissible. Worthless.
Section 732.502 of the Florida Statutes provides, in part that "every will must be in writing." No exceptions.
I'm not talking about recording the signing ceremony, which I'll write about another time. But if your only will is a video will, it's no different than not having any will at all.
How did she react when you told her all of her video wills were worthless, did her face turn green? I hope she has plenty of cash on hand to give out refunds, and that none of those people have died yet! I'm interested in your follow up on the effect of recording the signing ceremony. In such a case would the video be used to replace a witness in a lost or contested will? It seems if this woman wants to get going with her video will biz, she should follow the rules, have the client read from the written will, and show the signing of the will by the testator in the presence of both witness and show their signing, then the video would seem to carry a lot more weight if something should happen to the will, or if there is a contest over the will.
I know you can't use a video as a stand alone in Arkansas but you can use it in addition to a written will, It can go a long way in keeping the will from being contested. Can you not do the same thing in the Sun Shine state? Just curious.
Thanks for reading. While a video of the signing ceremony may be introduced into evidence, it's possible that it could cause more problems. The person contesting the will can then inquire as to why is this signing different from all other signings? Did the attorney think that there was a question as to capacity? Do they videotape all of their signings?
It could help, but it could hurt.