Can a Video Be a Legal Will? Montana Supreme Court Case Explained

The Montana Supreme Court tackles a big question: What counts as a will? Spoiler: A selfie video, even with clear intentions, doesn’t make the cut. Find out why in this quick legal breakdown from Albertson & Davidson.
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[@gabemartinez2558]

Before AI I would argue that a video with audio could be used as a will but with as good as fakes are becoming its too easily faked.

[@Enlightenedone0110]

So is it considered a holographic will and is thus not recognized in CA?

[@AlDavLaw]

California does recognize holographic Wills, but by definition a holographic Will is a a document written in the decedent's own handwriting. The definition of a holographic Will does not include a video.

[@ob1coyote]

Everyone that views the video is a witness...

[@AlDavLaw]

The problem is our laws that state a will must be (1) in writing, and (2) signed by the testator (the person creating the Will). The fact that a video expresses someone's intent is not enough to meet the requirements of the law for creating a Will because it is not in writing and not signed. The law needs to be changed if we want to courts to allow video Wills.