A Will is a crucial document in estate planning. While many understand the benefit of having a Will, writing one is still not widely practiced. A person’s last Will is the document that is executed after the testator (the person who writes the Will) passes away, distributing assets and personal belongings.

However, the purpose of a Will is only fulfilled when it is executed successfully. If a dispute arises, and the Will is challenged, it may lead to court proceedings and delay the execution of the Will, leading to mental, emotional, and financial stress for the grieving family.

To avoid potential conflicts and enhance the authenticity of a written Will, one may consider creating a video Will. This serves as a supplementary evidence to a valid written Will in case it is challenged in a court. It is an additional step that the testator can take to ensure their wishes are carried out as intended in their Will.

Also Read: Life Certificate Submission: How To Submit Jeevan Pramaan Patra Online

What Is A Valid Will?

A Will can be written on plain paper or typed, but it becomes valid and enforceable by law when it fulfils certain conditions. Failing this, a Will remains only on paper and cannot be executed.

These conditions for fulfilling a Will are as follows:

• The person (testator) should be 18 years of age and of sound mind while writing the Will.

• It should be signed by the testator in the presence of two witnesses, and witnesses are also required to sign the document to confirm their presence.

• It should not be written under coercion, threat, or influence from anyone. Free consent is of paramount importance to make a Will valid.

Also Read: Why Locking Your Aadhaar Biometrics Is Important, And How To Unlock It

However, sometimes, a disgruntled family member can challenge the Will on the grounds of the testator’s unsound mind. In such a situation, a medical certificate from a certified doctor can be attached and shown in the video verifying that the testator was mentally fit to write a Will.

Though one can register a Will to discourage the beneficiaries in the Will or others from challenging it, a video Will is an easier way to render authenticity to the written Will if it is challenged in a court.

A video Will is not a separate last Will, but the recording of the written Will where the testator reads, explains, and signs the Will while being recorded on camera.

Validity Of Video Will In India

But is a video Will valid in India? Is it also legally binding on its own, or is a written Will still necessary?

Says Sneha Makhija, head of wealth planning, Sanctum Wealth: “The validity of a standalone video Will yet needs to be established by the Indian courts. The standard practice for a Will to be considered valid is when it is in a written form and has been signed by the testator/testatrix in sound mind, in the presence of two witnesses who should also attest the Will. Video-recording of the Will can act as a supplementary evidence and is usually not accepted as a standalone document. Therefore, making a written Will is necessary.”

Purpose Of Creating A Video Will

Video Will is valid, but cannot be used as a Will enforceable by law until it supplements a written Will. So, a written Will is needed mandatorily, and a video Will is an additional measure to add to its authenticity.

Also Read: Last Will Vs Living Will: What Are Their Purposes In Legacy Planning?

How To Create A Video Will To Ensure It Is Acceptable By Law

As the video can be used as an evidence, the testator should make sure that the video and the audio in the recording are clear, and the testator and the witnesses are also visible in the recording. The reading of the Will by the testator should be clearly audible. The video should also cover the signing of the document by both the testator and the two witnesses.

Makhija suggests that the testator should be evidently visible along with the witnesses. The Will should be read out clearly by the testator introducing himself, stating the date, location, and purpose of the video along with the names and addresses of the witnesses.

Also Read: Pig Butchering And Digital Arrest: Modus Operandi Of Cyber Fraudsters And I4C Advisory For Safeguard

The testator should clearly demonstrate his/her intention of creating the Will, and clearly affirm the sound status of his/her mind, as well as affirm that he/she is making the Will free from any coercion or undue influence.

“Film the entire process of signing the written Will in the presence of witnesses, making sure the signing is clear in the video. Also have the witnesses introduce themselves and confirm that they are witnessing the signing of the Will willingly. They should also affirm that the testator is signing the Will without any coercion and is of sound mind,” Makhija adds.

The first case where a video Will was accepted as a key evidence was in 2009, and since then, it has been considered critical for adding authenticity to a written Will.