Often clients express a concern that their wills may be contested, and ask whether the signing ceremony should be videotaped. The answer to the
concern is that will contests are unlikely, and videotaping will signing ceremonies has potential problems.
When we are questioned by clients, our first step is to find out why the client might be concerned about a will contest. Often the concern is based upon a misconception as to who is entitled to receive something under a will.
If you are married, your spouse has the right to waive the will and claim a share of your estate, unless there is a valid prenuptial or postnuptial agreement releasing that right.
You have no duty to anyone else, except that if a child is not provided for you will want to make it clear that he or she has not been overlooked.
Language such as I have made no provision for (child¹s name) and this is not occasioned through inadvertence or oversight² is adequate. You can accomplish much the same thing by leaving the child something, but one dollar is unnecessary and five dollars is downright wasteful, I think.
If someone is worried that they may be said to lack capacity to make a will, videotaping the execution process is usually not the answer. When we are under stress, it is not unusual to say something we did not mean to say.
If you ever studied the stenographer¹s record of a court proceeding or a deposition, you would clearly see this.
In a courtroom or a deposition there is an opportunity to clarify an inadvertent statement. In a videotaped signing ceremony, such an attempt may be counterproductive.
One who questions a will has the burden of proof, at least initially. The witnesses to the will can testify as to the competence of the testator, and this makes it difficult for anyone attacking the will.
If you have questions about leaving your estate in a will or a trust, give us a call. We can explain what we can do to help you bulletproof your estate plan.
Also, if you have subjects you would like us to discuss in upcoming meetings, call us and let us know.
