Document Signing Video Services
Stockton Legal Video Services can video record all of your document signing ceremonies, such as Will Signing and Pre-Nuptial Agreement signings.
Will Execution Ceremony
The most common concern raised by the heirs (justly or not) is the mental condition of the testator/testatrix at the time the will is signed. A carefully prepared video that records both visually and audibly the entire will execution procedure may prove indispensable should the will be contested. It allows a ready determination as to whether the various common law and statutory requirements for a valid will were satisfied.
There are seven factors for establishing the foundation for admitting a video recording of a Will Execution Ceremony. Stockton Legal Video will ensure that these factors are properly executed and documented, ensuring you and your client a non-contestable Will Signing Ceremony:
- Equipment – The equipment must be shown to be in proper working order.
- Operator – It must be established that the operator of the equipment is competent. As a Legal Court Videographer, certified by the American Guild of Court Videographers, Stockton Video can provided documented competence.
- Truthful and Accurate – The key element to the admission of video recorded evidence is to show that the recording truly and correctly depicts the events and person show. We will ensure that the video portion is clearly in focus and the audio portion is loud and clear enough so that it is understandable and not misleading.
- Unaltered – The camera must be running from the start of the ceremony to the finish. We will ensure that the video depicts the entire ceremony.
- Chain of Custody – It is very important to maintain a record of the way in which the preservation of the integrity of the recording is maintained. We will start the Certified Chain of Custody documentation prior to turning the tape over to you.
- Identification – The next foundation element is the identification of the testator/testatrix and the speakers. Individuals familiar with the parties should be able to identify those parties present at the will execution ceremony.
- Voluntary – The last element of the foundation for a video recording is to show that the testimony was voluntary made without any type of improper inducement. Also important is that no one who benefits by the will should be present.
- Comprehension – The testator must understand that he/she is executing a will. The testator explaining in front of a video camera the nature of the act about to be performed is strong evidence of such an understanding.
- Understand Effect – The testator must understand the effect of making a will. A video recorded explanation by the testator that the purpose of the will execution is to provide for the distribution of his property upon death would demonstrate the requirement.
- Nature and Extent of Property – The testator must understand the general nature and extent of his property. The video can record the testator reciting the type and description of his property.
- Objects of Bounty – The testator must understand the persons who are the natural objects of his bounty. Explaining the details of his family situation on video is the type of evidence which is likely to curtail will contest by unhappy heirs.
- Understanding – The testator must be able to appreciate the above elements in relation to each other and hold them in his mind long enough to form an orderly desire as to the disposition of his property. A video recording of the testator discussing the disposition made by the will would tend to prove this important statement.
Pre-nuptial Agreement Ceremony
There is little difference between videotaping the Pre-Nuptial Agreement Ceremony and the Will Signing Ceremony. The main difference is that there are more participants when a couple desires to enter into a pre-nuptial agreement.
The pre-nuptial signing is simply a formal procedure to make sure all parties understand and fully agree on the terms of the agreement prior to tying the knot.
During the signing, both parties (the prospective groom and the bride-to-be) will have their respective attorneys present, and usually the attorney for the groom will be the one that will actually read the agreement out loud to be sure that the parties understand each clause and agree to each and every term in the agreement.
