business law feedback

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bus_feedback_7.docx

It is becoming increasingly more common for attorneys to use video wills in conjunction with written wills. In the video will, the testator (one who makes a will) is seen discussing the contents of the will and why certain choices were made by the testator. Further, it is also becoming more common for a medical doctor or psychologist to also appear in the video with the testator to state that he/she has found the testator to be of sound mind and body. Finally, the video usually shows the testator signing the will along with the signing of the witnesses. Is all of this fuss necessary? What circumstances have caused this to become more common? Finally, is this a good idea or not?

1.

I believe that the increase in demand for video wills in conjunction to written wills are very necessary.  I have always been a firm believer in making sure your desires with yourself and your assets you worked to acquire are handled according to your wishes.  The increase for extra validity I believe is in response to the disputes and various circumstances that have arisen over the rights of the deceased.  Due to the circumstances there is no way to verify the information that is in a will.

Disputes arise when parties do not believe in the information they are presented with or believe that the deceased wishes' were altered.  This is understandable when you have elderly women leaving fortunes behind to pet charities or even pets themselves.  The video helps to eliminate discrepancies when it comes to written wills.  It gives a more solid explanation why the deceased decided on his/her wishes.  

The medical doctor or psychologist is just another step taken to solidify the wishes in the will.  People's wishes have increasingly become more and more extreme.  From fortunes passing over lines of children and relatives to complete strangers to houses being left to pet charities.  You would naturally think that anyone who would want their assets left to strangers, pets, or ridiculous charities would not be in sound mind and body.  Nevertheless, these practices are just like any legal practices that are constantly evolving due to new circumstances.  All in all, I do believe that video wills are a necessity in today's day in age.

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2.

In many families, death of a loved tends to bring out the greed and selfishness of some. I find it quite unfortunate and hope to never face a situation like this within my family. Towards the end of one's life, people may start to lose their capacity for making sound decisions and may be easily manipulated. I think we all have heard stories of family members accusing others of manipulating their deceased loved one into changing the will just prior to the death or even forgery of a will. These types of situations can turn into extensive court battles which is truly sad and must be very hard on families while still grieving the death of their loved one.

Due to these circumstances, videotaping a will is a smart thing to do. I think this would be even more so important  when dealing with large estates. Having video evidence with doctors and witnesses within the video, leaves very little room for dispute of the persons last will and testament. I think this is a great idea.   

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