A survey commissioned by the organisation Remember a Charity indicates that nearly two thirds of people in the UK would like to create a ‘video will’ for their loved ones.

The idea of being able to record your final wishes and pass on words of wisdom and advice to your family certainly sounds appealing. It could assist with a whole host of practical problems, for example: • Explaining in plain English what you would like to happen to your estate (as opposed to the legal jargon used in a written will) • Setting out the reasons behind why you want your estate distributed in a particular way • Informing the family where certain items can be found around the house — for example, if there is any cash stuffed in the mattress • Passing on how you would like your funeral • Leaving personal farewell messages to friends and families • Passing on advice to younger generations (who may still be minors, or unborn) Unfortunately, the reality is that the law does not currently recognise the validity of a video as being your last will and testament.

The Wills Act of 1837 sets out what is necessary for a will to be valid under English law. The current requirements are that the will has to be in writing, signed by the person making the will (known as the testator); and two witnesses. The testator must also be aged over 18.

But there is one exception to these rules and this is known as a privileged will.

Under section 11 of the Act, any soldier, being in actual military service, or any mariner or seaman being at sea, may dispose of his property, on death, without the need for the usual strict formalities.

The idea is that a serviceman, perhaps facing imminent death, would be still be able to leave their estate in accordance with their wishes by merely telling those serving alongside him.

So it is conceivable that a person on active military service would be able to video their wishes for the purpose of creating their will.

Some may say the existing laws are out of touch with modern life, too restrictive, too complicated and unnecessary.

But how far would the changes go? You may prefer to simply give verbal instructions to your next of kin, but what if they misinterpreted your wishes, or worse, simply ignored them?

You may wonder why a will could not be created on the Internet and, like online banking, use security questions and passwords to verify a person’s identity.

But what if somebody obtained your passwords and changed your wishes? At least by having to sign the will it is possible to prove whether or not the signature is a fake.

The Wills Act may be old but the purpose behind it is still as valid today as it ever was, and that is to create certainty.

However, is there anything more certain than a person giving their wishes on video for all to see?

Although the law may not have caught up with 21st century technology, there are good reasons why a person could still have a video made to go alongside their normal written will, rather than replacing it.

While the video will not be legally effective, it could still help overcome the practical problems mentioned earlier.

The testator could read their will out loud to the camera and then give a summary of the reasons why those choices have been made.

This could be vital when trying to resolve disputes between family members after a death, or if anyone is trying to claim you did not have a sound mind, or were being forced to make the will in a particular way.

This could potentially save thousands of pounds in litigation costs.

Another use would be to record details of distant relatives in case they needed to be traced or, more controversially, to confess a family secret, for example, by divulging whether you are your child's biological parent.

This information could have a significant impact on how your estate is eventually distributed.

But ultimately, the use of a video simply allows you to have the last word on matters.

Rarely do we find time in our busy lives to simply remind friends and family how much we love them, and at least a video would provide an opportunity todo just that from beyond the grave.

o Contact: James Antoniou, Blake Lapthorn, 01865 254 286.

Web: www.bllaw.co.uk