The Montana Supreme Court in The Matter of the Estate of Jessie L. Beck, 418 Mont. 416 (2024) considered whether under Montana law, a cell phone video met the requirements of a validly executed last will and testament. The answer was a resounding no.
Four days prior to the decedent’s death, he recorded a cell phone video giving all of his possessions to his brother. There were no witnesses to the recording, and the recording was not reduced to a writing or signed.
Upon his death, his daughter, as his only heir, filed a petition for appointment as his personal representative and sought to administer his estate under the Montana intestacy statute, which governs who receives a decedent’s property when no will exists.
The appellant, the decedent’s brother, intervened in the underlying probate matter, as well as a pending wrongful death action, and proffered the video recording as the decedent’s last will and testament. The lower court ruled that the will statute, by its own unambiguous terms, does not allow a video to be considered as a document or writing necessary to construct a valid will.
In affirming the lower court’s denial of his request to admit the video, the Supreme Court reasoned that the brother’s video was not a document or writing upon a document that met the requirements of a validly executed will under Montana law, and went further to comment that the Montana statute governing “harmless error” did not purport to extend the ability of a testator to execute a will by other means such as video recordings.
The appellant made interesting, yet unsuccessful, arguments that the video was the equivalent of a writing and manifested the decedent’s intent to make a gift. However, the plain language of the statute requiring that a will must be in writing, signed by the testator, and have two witnesses was too much to overcome.
The case is relevant in the fact that persons seeking to execute self-help wills or other testamentary documents without the advice of counsel can create easily avoidable conflict. Those conflicts, as shown here, can create extra costs and stress that comes with extensive litigation from ambiguous testamentary wishes. While advanced technology sits in the palm of our hands and it may seem clear to you what your wishes are, that expression still needs to meet the legal requirements outlined by the will statute where you reside.