Notarizing A Will (Yes or No)
A last will and testament is a very sensitive and complex document in which can take different forms according to the laws of each state law. There are some wills that require notarization legally and there are some that do not. There are even some that may be invalidated if they are notarized, and some allow notarization as one of several witnessing options. In most cases it is the signatures of witnesses to the will that will be notarized rather than that of the maker of the will, known as the testator.
A notary must proceed with caution when asked to notarize a will, which can be invalidated by the slightest variance from strict statutory rules. If the testator is asking the Notary questions about how to proceed, then a will should never be notarized by the notary. Rather, the testator should be following authoritative legal instructions and a certificate or certificates must be provided for the Notary to complete.
As a Notary they are not allowed to offer advice on how to execute a will at no time due to the fact that they may be held liable for a named beneficiary’s failure to inherit assets if the will is improperly done and therefore invalidated.
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