Tips for Using Photos as a Clarification Strategy in Estate Planning

Along with purely financial assets and property, clients also usually use a last will and testament (or other estate planning tools such as trusts) to pass down important sentimental items. Many families retain heirlooms that hold important value to the family, while not holding a particularly high financial value.

The issue with these kinds of personal or sentimental items is that specific items are important to specific people – and the specifics of who will inherit these items can get sticky. For instance, if your great grandmother handmade dozens of porcelain dolls and her kids and grandkids were vying for certain ones. How is one to pass specific dolls to the specific recipients? Precise descriptions of these items is important, so that a person who is unfamiliar with the particular property being distributed will be able to correctly identify the item being bequeathed. The level of detail needs to be of the level that an outside judge, for instance, would be able to distinguish and identify the particular item as the will is processed and estate is moved through probate.

Lengthy Descriptors

In entering the level of detail required, item descriptions could easily become long, awkward, and even confusing. When you are passing on items that are similar yet different – such as the doll collection referenced above, or another collection such as pieces of jewelry, figurines, etc. it would be tedious and often confusing to proffer sufficient identifying information to clear up any potential confusion.

Adding a photo to a descriptor could, in theory, have the potential to add additional clarification to a bequest that could be unclear if left to words alone.

Potential Legal Challenges

It is vitally important to understand that last wills and testaments require recorded words and descriptions. A picture should never be put in replacement of a fully adequate description. What a picture could, potentially, achieve is to act as extrinsic evidence that further casts out doubt that a particular item is the one that is described by adequate description in the will. This could help your family members better understand your last wishes and help to avoid potential disagreements and fighting over bequeathments.

Tips for Utilizing Pictures as Descriptors

Your picture must be of sufficient quality to offer clarification – not further muddy the waters.

1. Solo Pictures: It is best to ensure that the described item is the only thing in the picture. (apart from any identifying numbering system). An otherwise empty frame with a solid background ensures that someone looking at the bequest and picture will know precisely what they are looking at.
2. Lighting: Lighting is also important, as unnecessary shadows, glares, or streaks can diminish image quality and make identifying items more difficult. You should also ensure the room is brightly lit so the image will be clearly visible. It is also imperative for the pictures to be recorded in color.
3. Angles: Utilizing photos of various angles of the item might be appropriate. This would be especially helpful when dealing with multiple items of a similar nature. For instance, if you are bequeathing a collection of gold rings, showing various angles of the ring to show details of the inner band, any engravings or dents, etc., can be helpful in identifying the particular object.
4. Measuring Tool: Including an item for scale, such as a ruler, can be helpful in helping viewers understand the size of the item. It is important to use a standard unit of measure. For example, a ruler should always be the same size. One should not use an item that comes in many varying sizes – a banana, for instance – as a measuring tool. This creates ambiguity, the very thing the photo is attempting to avoid.
5. Organization and Backup: Ensure that the photos are carefully organized and that backups exist. The photos should be numbered and labeled, and those identified should correlate to the responding provision in the will.
6. Copyright: Be aware that some images can be copyrighted. When a will is probated, the will provisions become part of the public record. An esteemed wills & probate attorney can help advise you on how to avoid any copyright infringement liability.

Suncoast Civil Law

Contact the Sarasota wills & probate attorneys at Suncoast Civil Law for advice and guidance in any of your estate planning needs.

Sources:

ft.com/content/72c88584-c6c0-480e-8b02-9334e09b65ea

businessinsider.com/inheritance-estate-lawyer-saddest-stories-families-fighting-2024-5