VIDEO WILL: UPDATING THE TESTAMENTARY DISPOSITIONS
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Research Article
VOLUME: 22 ISSUE: 2
P: 717 - 740
December 2020

VIDEO WILL: UPDATING THE TESTAMENTARY DISPOSITIONS

Trakya Univ J Soc Sci 2020;22(2):717-740
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Received Date: 20.08.2019
Accepted Date: 05.11.2020
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Abstract

In our law, testamentary disposition are regulated as numerus clausus. The testamentary disposition which are not made by these numerus clausus types can be annulled. Video wills are not included in these types. These types are holographic will, official will, nuncupatory will and testamentary contract. However, technological developments and current needs suggest the necessity of making updates in testamentary dispositions. For example, the concept of electronic will is finding itself a place in doctrine and examined detailed. In this direction, video wills, in other words recordings with image/sound, should also be examined within the will types. Video wills can play an extremely important role in keeping the last wills of the testator alive. The most reliable type in these will types is the official wills. On the other hand, the concept of video will, contrary to popular belief, is not more vague type than holographic and nuncupatory wills. It is seen with detailed examination that video wills, in particular, are a much more reliable concept compared to the nuncupatory wills. Therefore, it will not be appropriate to exclude video recordings from the area of testamentary dispositions. In this respect, in our article, evaluations are made in favor of video wills.

Keywords:
Holographic, Official, Nuncupatory, Electronic, Video Will, Testamentary Contract, Testamentary Disposition