Video will

UPDATED: Jul 1, 2019

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Video will

My father had no use of his hands while
I cared for him so I recorded his will
on video is that enough or not?

Asked on July 1, 2019 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Not in Georgia, no: Georgia does not accept non-written wills, called "nuncuprative" wills: a will must be in writing to be valid and enforceable. Your father could have dictated the will to you while he was alive, to be written down; he could then have directed someone to sign for him in front of witnesses, which witnesses would attest to his instructions to another to sign. Unfortunately, that--dictating the will; having someone else sign in front of witnesses--is how someone who cannot use their hands has to create a will in Georgia. A video will is not valid, so his "estate" (what he left behind) will pass by the rules for "intestate succession" (who gets what when there is no will).

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