Should you opt for videography of your will?

An increasing number of individuals are opting for videography of their wills. It involves recording the testator reading and explaining his will on camera. This not only ensures clarity and authenticity, but also offers a solution to potential legal disputes.

Preparation
Like a traditional will, a videographed will starts with careful planning. The testator should list all assets, including properties, investments and personal belongings. He should also decide on the beneficiaries and the distribution method.


Written will still needed
Despite the focus on videography, a written will is still necessary. This is the basic document that has acceptance in the court of law and becomes a reference point for the videographed will.

Videography
During the actual recording session, the testator should clearly state his name, date and contents of will, explaining his decisions. It’s essential to have good lighting, clear audio, and a calm environment.

Witnesses
Like written wills, videographed wills should also have witnesses. Typically, two witnesses are required to attest that the testator is of sound mind and not under duress.

Safe-keeping
Once recorded, the video file should be stored securely, either with the lawyer or a trusted entity, along with the written will.

Legal standing
The Indian Succession Act, 1925, doesn’t explicitly mention videographed wills, but courts have increasingly recognised these as supplementary evidence. While such a will is not a standalone document, it strengthens the written will’s credibility.

Points to note

• Consulting a lawyer specialising in wills and estate planning helps.
• lawyer ensures the will is legally compliant and advises on presenting it clearly in the video.

Content courtesy Centre for Investment Education and Learning (CIEL).
Contributions by Girija Gadre, Arti Bhargava and Labdhi Mehta.