Ohio Board Advisory Opinion Op 88-014

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
41 SOUTH HIGH STREET-SUITE 3370, COLUMBUS, OH 43215-6105
(614) 644-5800 FAX: (614) 644-5804
OFFICE OF SECRETARY
OPINION 88-014
Issued June 17, 1988
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio
Rules of Professional Conduct, eff. 2/1/2007.]
SYLLABUS: Videotaping the reading and execution of a will is not prohibited under the Code of
Professional Responsibility. The testator should be made aware, however, that the videotape is not
meant to replace the written will.
OPINION: We have before us your request for our opinion on whether you may ethically offer
your clients a videotape of the reading and signing of their will.
There is nothing in the Code of Professional Responsibility which precludes you from
offering your clients a videotape of the reading and signing of a their will. However, we agree with
you that there is no valid will without a written document properly executed and witnessed and that
your clients should be made aware that the videotape does not replace the written document.
Regarding the videotaping procedure itself, the Ohio Legal Center Institute has published a
Reference Manual for Continuing Legal Education which may be of some assistance to you. The
Manual outlines the advantages and disadvantages of videotaping a will and provides guidelines on
what to include in the video. Ohio Legal Center Institute Publication No. 154 (1985).
In conclusion, it is our opinion and you are so advised that videotaping the reading and
signing of a will is not prohibited under the Code of Professional Responsibility. However, a
videotape of the execution of a will would not replace the requirement of a written will.
This is an informal, non-binding advisory opinion based upon the facts presented and
limited to questions arising under the Code of Professional Responsibility.