A testamentary video that does not pass
For what ? Because according to the law, a will must be a written and signed document, which a video does not allow. Result: it is his daughter, Alexia Beck, who inherits, under the rules of succession by default. Jason Beck, the brother, still can’t believe it. “If Jesse had written that on a napkin, it would have been enough”he said. A statement that says a lot about the rigidity of American inheritance laws.
United States: between paper and digital future
Across the Atlantic, the rules vary from state to state. Some accept holographic wills, written by hand, even without witnesses. Others, like Michigan, have already validated a digital will written in an application. But for the moment, videos and audio recordings are not playing. Even in states that recognize “e-wills” (electronic wills), the written text remains mandatorybecause the risks of fraud and falsification are considered too high with new digital tools.
And what is it like in France?
In France, the rules are very strict and leave no room for interpretation. Three forms of wills are recognized:
The holographic will, the simplest and most common, must be handwritten, dated and signed by the testator. No need for witnesses.
The authentic will, drawn up by a notary in the presence of two witnesses or another notary, offers maximum legal certainty.
Finally, the mystical will, rarer, is handed over closed and sealed to a notary.
Videos or audio recordings have no legal value.. If you want to avoid unpleasant surprises or family conflicts, it is better to consult a notary to ensure that your wishes will be respected.
Why it’s important to do it right
The case of Jesse Beck is far from isolated. With the digitalization of our lives, one might think that a video message or a text sent by telephone would be enough to formalize one’s last wishes. But in the majority of countries, paper remains the norm. A will must be formal, precise and compliant with local legal requirements. Writing down your wishes on a piece of paper may seem archaic, but it is still what will best protect you legally. So, rather than relying on a spontaneous video or text message, take the time to write a real will (or talk to your notary about it).