A Video Will?

May 18, 2021 • by John T. Dooley

My wife and I watched an entertaining movie the other night wherein the lead character, who was confined to her home, set up her iPhone on a tri-pod so that she could make a “selfie” video. With great solemnity she began by identifying herself and then stating “I declare this to be my Last Will and Testament.” She then went on to make a disposition of her estate.

While this made for a dramatic and entertaining scene, it is important to note that her video would not be recognized as her Will in the Commonwealth of Pennsylvania. Section 2502 of the Pennsylvania Probate, Estate, and Fiduciaries Code (“PEF Code”) begins with the following sentence:

Every Will shall be in writing and shall be signed by the testator at the end thereof…

So while it is clear that our character did not make an effective Will with her video, such means of communication can be helpful to heirs and loved ones in providing personal messages and directions which can help to assuage their grief and assist with easing any personal inter-family tensions that may exist immediately following death. For example, a message regarding funeral wishes (if prior arrangements had not been made) like location, favorite music, etc., as well as direction to the family regarding location of important papers including user names and passwords for digital accounts can be provided through the use of such videos.