Submitted by Anonymous on Fri, 03/12/2010 - 08:56
I think I have a pretty good idea how to save some money and make sure my property goes were I want it to go when I die. I want to do a video will and explain where I want my various property to go. I wont need a lawyer so this would cost me next to nothing and would also allow me to explain the reason I made the decisions I did. Would such a will be valid or legal in MA?
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Editor's Response
Sorry, but no. The laws of Massachusetts specifically require a person's will to be in writing. Massachusetts General Laws Chapter 191, Section 1 states in relevant part: "Every person eighteen years of age or older and of sound mind may by his last will in writing, signed by him or by a person in his presence and by his express direction, and attested and subscribed in his presence by two or more competent witnesses, dispose of his property, real and personal . . ."
However, that does not mean the theory behind your idea is flawed. I can think of at least two good reasons to make a video about your will or of the execution of your will. First, you can still make a video to explain to your heirs how you made your decisions. Second, you might make a video (or have your attorney make one) of the actual execution of your will and other estate planning documents. Such a video could prove useful if you have any concerns about your will binge challenged on the grounds of undue influence or lack of testamentary capacity. If properly choreographed, it would help those who want to defend your will from a legal challenge. For more information or to post a question, visit our Massachusetts Estate Planning Discussion Forum
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Video Will
I think that making a video of your wishes may be very helpful in terms of guiding your family as to your wishes. However, a video is not a valid Will substitute. Is is not recognized as a Will under MA law, and therefore really needs to be created in conjuction with a valid Will.