Video Wills
Proof of the due execution of the testator’s becomes more certain when substantiated by a video recording. For example, the videotape would show the testator declaring the instrument to be his last will and testament, the testator affixing his signature or mark upon the document, the required number of witnesses observing the will execution and their signing in the conscious presence of the testator. Establishing the main elements of testamentary capacity is accomplished by having the testator answer certain questions on videotape, which are intended to prove clearly, and convincingly each of these elements. A large majority of the courts in the United States are in total agreement as to what the evidence must show. Videotape should not be viewed as a new type of evidence, but rather, as a new method of presenting evidence which is more reliable and comprehensive than traditional methods such as live witness testimony. Videotape evidence is now commonly used in situations demanding a greater degree of reliability than a testamentary disposition. Accordingly, the door is wide open to the use of videotapes of testators executing their wills. |
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Pre-Construction Video Surveys
Construction firms that dig up streets and bring heavy equipment into residential neighborhoods are using video to document the condition of the property before they start their work. The video shows existing damage to curbs, streets, sidewalks, driveways, trees and poles. After the bulldozers leave a neighborhood, they sometimes leave cracked sidewalks and tread marks in their wake. Angry homeowners call their city public works agency, and these complaints get forwarded to the construction company. Frequently, homeowners will claim the construction company caused cracks that had been there for years. The homeowner either hadn't noticed the cracks before or he is trying to get some free patchwork (which is more than likely the case). With a videotape in hand, the construction company can easily document the condition of the property prior to their work. A video costing the construction company a few hundred dollars can save them thousands of dollars in lawsuits. Video surveys are cheap insurance for these construction companies. Certainly any construction worker can pick up a camcorder and document the properties. But their camera work is shaky, many shots are too dark and they have no way of indexing their tapes to find particular scenes. It is also important that the video was shot by a disinterested third party and has the date/time indicator on the tape. |
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Video Recording for Construction Draws
A relatively new concept for video is using video to confirm completed work on a construction site. Almost all construction is paid for in "draws" which the contractor requests as certain work is completed. In the past (and certainly the most common method) the bank sends out their own officer to inspect the job site and charges the builder for each inspection, On major jobs, the fees run from $500.00 to thousands of dollars depending on the size and location of the project. Videotaping holds tremendous advantages for the lender, and it keeps the contractor and the draw inspector completely honest. The bank’s inspector is, many times, a young person from the bank who knows nothing about construction and is subject to being offered special favors from the contractor to overlook some unfinished work which was required to be completed for the draw. If a videographer is utilized, the bank sends a copy of the list of the required work or material that must be in place before they will cut the builder his check. Taking the bank’s list, the videographer goes out and videotapes the items on the list. Obviously, what is not there cannot be videotaped. The videotape, along with a signed certification of the inspection, is sent back to the bank for their further action. |
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Other Services on demand
Videography is constantly needed by the Special Investigation Units (S.I.U.) in the insurance industry. Most states require the investigation of potentially fraudulent insurance claims and have mandated the formation of an S.I.U. in each insurance company in order to accomplish this. All effective and professional S.I.U. has a frequent and ongoing need for independent videography. Videography of examinations under oath (e/u/o) (similar to a deposition) Videography of forensic examinations of autos, boats, houses, specialty vehicles and documents Videography of incident reconstructions Videography of individuals at the damaged property pointing out how and when damage to their property occurred and what they observed Videography of key depositions (such as witnesses) Professional consultation with lawyers representing the insurance companies to prevent bias in the videography of key witnesses by adverse videographers Production of "in-house" communication and training videos for insurance companies that do not have their own video production capabilities Production of videos for the insurance companies to use for consumer education |
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