Talking to your family through video and letting them know your wishes once you are gone sounds like an innovative idea. At the very least, it is indicative of the times, but is such a method considered valid by the courts? Learn more about the validity of video wills, including how to determine if they may be appropriate for your estate planning needs, and discover where you can find quality legal assistance with your Illinois will or living trust.
Are Video Wills Legally Binding?
Video wills are not typically considered valid by probate courts or judges. The reasons behind this are many, but one of the biggest concerns is that a judge may be unable to determine whether the person speaking was of sound mind at the time of the video’s creation. Furthermore, the judge may be unable to determine if the person was under any form of mental, physical, or emotional duress at the time that the video was made. As such, only a written and notarized will would be considered valid by the courts.
Combining the Best of Both Worlds
It can be disheartening to learn that video wills are not considered legally valid, especially if you had your heart set on making one. Thankfully, you do not have to throw out the idea completely. While a video will cannot replace a written will, it can supplement it quite well. It can give your will a more personal touch. It can comfort your family, long after you are gone. Video wills even give you the chance to deliver semi-private or intimate messages to those you love most, so do not throw away your idea. Instead, find a way to combine the best of both worlds; create both a written will and a video one for lasting, loving impact.
How Our DuPage County Estate Planning Attorneys Can Help
Estate planning is a complex process, with numerous potential consequences for your heirs. Protect them, and your estate, with help from an experienced estate planning lawyer. Able to examine your specific situation, an attorney can provide you with tailored and creative solutions to help ensure your estate planning needs and wants are met.
Backed by over 40 years of legal experience, Stock, Carlson, Oldfield & McGrath, LLC is ready to serve you. Caring and attentive, our DuPage County estate planning lawyers will walk you through your options so that you can make the most informed decisions possible. Schedule your personalized consultation to get started. Call our offices at 630-665-2500 today.