Legal Question in Wills and Trusts in District of Columbia
Wills
My mother would like to update her will, but wants to know if she can video tape her will. And, if she does video tape her will, is it legal and binding?
3 Answers from Attorneys
Re: Wills
Maryland law requires that wills be in writing and singed by the testator. Maryland's Estates & Trusts article provides:
� 4-102. Writing; signature; attestation.
Except as provided in �� 4-103 and 4-104, every will shall be (1) in writing, (2) signed by the testator, or by some other person for him, in his presence and by his express direction, and (3) attested and signed by two or more credible witnesses in the presence of the testator.
The two exceptions apply to wills written by members of the armed forces and wills executed outside the state of Maryland. In both cases, they must also be in writing.
Re: Wills
The prior answer is correct. However, why does your mother want to video tape her will rather than have it in writing? If there is a concern about her mental stability, the attorney can (and should) video tape her executing the written will. Call if I can be of assistance.
Re: Wills
Such a Last Will and Testament would be valid if properly executed. I suggest the video accompany a legally effected document.