Reply by eXpedN_TX on 11/8/05 9:02am
Msg #74998
I have not notarized a Will, but this is what the NNA states:
"Wills are highly sensitive documents, the format of which is dictated by strict laws. The slightest deviation from these laws can nullify a will. In some cases, holographic (handwritten) wills may be invalidated by notarization. Notaries who make the mistake of helping to prepare a will may be sued by would-be or dissatisfied heirs for the unauthorized practice of law.
Instructions
A document presented to a Notary as a will should be notarized only if clear instructions and a notarial certificate are provided for the Notary. Ideally, the signer would be following the precise directions of an attorney.
Homemade Wills
Often, misguided individuals will prepare their own wills and bring them to Notaries to have them "legalized." They will depend on the Notary to know what kind of notarization is appropriate. Of course, Notaries have no authority to offer such advice. And, whether notarized or not, these supposed "wills" may be worthless.
State Variations
In many states, notarization of a will is rarely done and is unnecessary if other witnessing procedures are used, and in other states, wills don't need to be notarized at all. When wills require notarization, it is often the signature of witnesses on affidavits appended to the will that must be notarized, not the signature of the testator or testatrix (maker of the will).
Only a few states have specific Notary laws or directives concerning the notarization of wills. New York instructs that a Notary should notarize a document described as a will only if a notarial certificate is provided or stipulated for each signer. The California notary Public Handbook states, "The California State Bar advises that when a Notary is asked to notarize a document which purports to be a will, the Notary public should decline and advise the person requesting the notarization to consult a member of the California State Bar."
Living Wills
Documents popularly called living wills are not actually wills, but written statements of a signer's wishes concerning medical treatment in the event the signer has an illness or injury and is unable to give instructions on his or her own behalf. Durable powers of attorney for health care are a similar kind of document. Notarization of these forms is often required.
Trusts
Trusts, in which a signer may place property "in trust" for heirs, are sometimes used in place of wills to avoid probate costs. Papers creating a trust may also require notarization."
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Reply by Gerry_VT on 11/8/05 2:49pm
Msg #75131
A will might not be what she wants
My dad died in Texas about 6 years ago. There was a will that had
been drawn up by an attorney. When we went to the attorney
after my dad died,
he mentioned it would have been even better if all the assets
were in trusts. There would have been nothing to probate,
and the legal fees would have been less.
I also got the impression that it is very difficult for a family
to do the probate themsleves, so a lawyer is going to get
involved anyway.
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