Video Taping The Execution Of A Will

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Under Louisiana law, there is no legal requirement that the execution of a will be video taped. Further, there is no such thing as a video will. Louisiana law has specific form requirements for wills. Video taped wills are not one of those approved forms.

However, video taping of wills may be very useful in certain limited situations. Let’s say that it is anticipated that the capacity of the person executing the will may be contested in the subsequent succession. This would be a situation where it would be useful to video tape the execution of the will.

Video taping would show that the person executing the will understood what it meant, consented to the will and was under no duress. It would also be helpful to interview the person executing the will by asking open ended questions about why the bequests were made as well as to show capacity.

So video taping is not a will in and of itself. However, it can provide valuable evidence to show that the person executing the will possessed legal capacity to sign it.

Should you have any questions on wills, you should consult an experienced estate planning attorney.

Kent S. DeJean

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