Cultural trends have shifted away from the written word in recent years. Widespread access to audio and video recording equipment has made it easier than ever for people to share videos or recordings of spoken communication with one another.
People creating estate plans in Virginia might want to make their wills more personal by directly communicating with their loved ones. They may want to verbally explain their wishes or leave a video outlining their wishes, which can seem more personal than a printed document full of legal jargon.
Can testators in Virginia use audio or video recordings instead of a written document to describe what should happen with their property after they die?
Virginia requires written testamentary instruments
Despite impressive advances in technology, state law does not recognize audio or video recordings as testamentary instruments. Current state statutes require written documents. A will should be in writing for it to be valid, although it can be a digital document if it meets all requirements.
Audio recording and video footage can serve as supplementary materials. They can provide insight into a testator’s state of mind or serve as the delivery method for final messages intended for beneficiaries and family members. However, even if it is possible to validate the authenticity of an audio recording or video footage, the courts are unlikely to recognize such recordings as valid testamentary instruments.
A will drafted with a lawyer could include video or audio recording supplements but should be executed primarily in writing to better ensure its validity during probate proceedings. Working with an estate planning attorney familiar with statutory requirements for wills can help people avoid mistakes that could otherwise undermine their testamentary intentions.