This video contains my Last Will and Testament

Have you ever thought, ‘When I die, I’ll leave a video for my loved ones’? More and more people are preparing a video in which they read their will and explain why they’ve left certain belongings to some and not others. The recording can show the execution of the will and can be compelling proof that you were mentally competent, but is it a good idea?

Let’s explore some of the pros and cons of a video will.

Pros:

A video Will can head off claims that you weren't of sound mind or were being unduly influenced in some way when you signed your will. A video will help in the event that someone is disappointed and decides to hire a lawyer to contest your Will. The video can also show you and your witnesses signing your Will. In this case, it clearly demonstrates that you were rational, knew the contents of your Will and were expressing your own wishes.

A video Will can supplement your formal estate plan: For example, if you want one child to serve as an executor, a video Will is your chance to say so. Your other children or family won't be left to wonder about your actions. If you want to get into detail, a video Will can also express how you'd like your family to divvy up items of sentimental value.

Cons:

(This is a big one.) Although you may use your video Will to convey how your family should distribute sentimental items, you need to know that your wishes are not legally enforceable. Meaning your video won't be accepted by a probate court, a bank, or any other institution that controls assets in your name. Only a formal paper Will is legally enforceable.

Videos don't last forever and therefore, are subject to damage.

If you opt for a video Will, consider it as an add-on to a formal, legal, paper will, filed by an estate planning attorney, and remember these tips:

Use a quality camera that clearly identifies your face.
Speak clearly without distortion and eliminate as much background noise as possible.
Keep the video-captured area at medium close-up.
The video cannot be edited and must be submitted with any kind of technical data necessary to play it back.
Some states want you to be sworn in by a person authorized by law to take oaths.
Prior to administering the oath, any officers of the court have to identify themselves on camera.
Mention the date, time and place of the recording prior to recounting your last wishes and the recorded names of your beneficiaries, as well as the names and addresses of the will's witnesses if they're not present at the taping.
The video Will should run without interruption.

Remember, it's still the law that to be valid, a Last Will and Testament must be on paper and signed. If you have nothing but a recording of the deceased person's last wishes, you're unlikely to have a Will that will hold up in court.

It is important to consult with a legal professional about the laws and regulations in your jurisdiction to determine the validity and suitability of a video Will.

Finally, keep in mind that a Will, in either written or video form, is not the only estate planning tool you have. Various trusts can also help make sure your estate is left according to your wishes.

Frequently Asked Questions About Pour-Over Wills

Does a pour-over will avoid probate?

No. Assets passing under a pour-over will generally require probate before they reach the trust. Assets already properly held in a living trust generally avoid probate. Other assets may pass outside probate through valid beneficiary designations or survivorship ownership.

Do I need a pour-over will if I already have a living trust?

A companion pour-over will is generally recommended. It provides instructions for covered probate assets left outside your trust and can name an executor and nominate guardians for minor children.

Can I name guardians in a pour-over will?

Yes. A pour-over will can nominate guardians for minor children. Court appointment and Ohio law still apply; the nomination does not automatically override a surviving parent's rights or every other consideration.

What happens if I have a trust but no pour-over will?

Assets already in the trust continue to follow its terms. Property outside it follows any effective beneficiary designations, ownership arrangements, or other will provisions. Probate property with no effective will provision may pass under Ohio intestacy law instead of your trust instructions.

Does a pour-over will override beneficiary designations?

Generally, no. A valid beneficiary designation on an account or insurance policy usually controls that asset's transfer. Review beneficiary designations alongside your will and trust so the arrangements support your overall plan.

Will a pour-over will reduce my taxes?

Not by itself. A pour-over will directs covered property into a trust. Tax consequences depend on the assets, trust provisions, beneficiaries, and applicable law. It should not be treated as an automatic tax-saving tool.

Can I rely on a pour-over will instead of funding my trust?

That is generally not a good substitute. Assets left to pass through the will may require probate, adding administration before the trust can receive them. Funding appropriate assets during your lifetime helps the trust perform its intended role.

What if I revoke or replace my living trust?

Have your pour-over will reviewed at the same time. Under Ohio Revised Code Section 2107.63, termination or complete revocation of the receiving trust before death invalidates the gift to its trustee under that provision. Your attorney can coordinate replacement documents and backup instructions.

Make Sure Your Will and Trust Work Together

A trust agreement, asset ownership, and beneficiary designations all affect how property passes after death. A pour-over will helps address gaps, but the documents need to work together.

Charles Bendig Law helps Ohio individuals and families with wills, living trusts, and probate matters.

To discuss creating a trust-based estate plan or reviewing an existing one, contact attorney Chuck Bendig or call (614) 878-7777.

I'm Chuck Bendig,

"For 40+ years, I've served Ohio residents. My private practice spans family law, estate planning, and personal injury cases. My commitment is rooted in genuine care for the individuals I serve."

Let's talk.