Video wills are a popular trope in the media. Movies and television shows depict recently-deceased characters explaining their testamentary wishes in a recording found by others. These video wills may seem much more personal and intimate than a written document.
People might like the idea of leaving a recording in which they explain their wishes regarding the distribution of their property and the care of their dependent family members. They may believe that they can include more details in a recording than in a written document and that the video could provide comfort to their grieving family members.
It may seem relatively simple to use a mobile device to record a video outlining personal wishes regarding estate administration. Can people use video recordings as legal wills in Rhode Island?
Wills should be physical documents
People drafting their wills typically need to produce physical paperwork that others can possess and review. Currently, Rhode Island probate statutes do not recognize alternative testamentary instruments. Similar laws also apply to those establishing estate plans in Massachusetts.
People cannot use electronic or digital wills as their primary testamentary instruments. They also cannot use audio or video recordings to serve as their wills. For a will to be valid, it must be in writing. The testator generally needs to sign on their own behalf or have an agent sign for them because they lack the ability to sign. There are witness requirements and rules regarding the language used in the will. Recordings cannot serve as testamentary instruments under current state statutes.
Videos could supplement written documents
While a video cannot be a testamentary instrument, it can help support a testamentary instrument. The individual drafting a will could record a video of themselves reading the will and then explaining different inclusions in the document.
Providing a recording could be a way to offer comfort to loved ones in their moment of grief and greater clarity into the true intentions behind specific estate planning decisions. Testators who have established written documents may want to record a video to accompany them.
People hoping to leave behind personal, detailed estate plans may need assistance ensuring that their wills and other documents conform to all current regulations. While digital wills and recordings cannot serve as testamentary instruments, they can still serve a purpose in a comprehensive estate plan.