Legal Question in Wills and Trusts in Kentucky

Re: Videotaped wills

Videotaped wills are not legal in Kentucky.

Under Kentucky law, any person of sound mind and eighteen (18) years of age or over may by will dispose of any estate, right, or interest in real or personal estate that he may be entitled to at his death, which would otherwise descend to his heirs or pass to his personal representatives, even though he becomes so entitled after the execution of his will.

(Kentucky Revised Statutes 394.020)

No person under eighteen (18) years of age can make any will, except in pursuance of a power specially given to that effect, and except also, that a parent, though under eighteen (18) years of age, may by will appoint a guardian for his child.

(KRS 394.030)

No will is valid unless it is in writing with the name of the testator subscribed thereto by himself, or by some other person in his presence and by his direction. If the will is not wholly written by the testator, the subscription shall be made or the will acknowledged by him in the presence of at least two (2) credible witnesses, who shall subscribe the will with their names in the presence of the testator, and in the presence of each other. (KRS 394.040)

On the other hand, you may want to videotape the act of reading, signing, and witnessing the written document. This procedure, while not a substitute for the required written document, may prevent a challenge to your competency, after your death.

Most lawyers do not charge very much for drafting a simple will, and will help you insure all legal requirements are being met. In Kentucky, a will can be made "self proving" by having it witnessed by two (2) adults and attested by a Notary Public.

If you decide to videotape the signing ceremony, you should follow the following steps:

Step 1.

Insure solid technical quality. Make sure that there is enough light to see the testator�s face and that he or she is speaking clearly without distortion. Try to use a lavaliere microphone. Your camera should be on a locked down tripod.

Step 2:

The Notary Public should identify himself on camera, and administer the oath to the testator on camera as well. The entire tape may be admitted as evidence in case of a contested will.

Step 3:

The testator begins by identifying himself, giving his place of residence, declaring that he is of sound mind and that this recording and accompanying hard copy supersede any previous wills. He should mention the date, time and place of the recording. The testator then recounts his last wishes and records the names of the beneficiaries and what they are about to receive. The testator should mention the name and addresses of his will�s witnesses.

Step 4:

The video tape should permanently record the hours, minutes, seconds and date.

Step 5.

The videotape should show the testator and the witnesses signing the written document.