Posted by Anita Posluszny on 7/19/10 2:03pm
Msg #345549

Last Will and Testament

I am a fairly new Notary. I recently have been asked to notarize a Last Will and Testament for a friend. She told me that other notaries are reluctant to notarize wills. I am in TX. Is there something I should know about notarizint wills in TX?

Reply by Ilene C. Seidel on 7/19/10 2:10pm
Msg #345551

http://www.medlawplus.com/library/legal/states/texas.tpl?page=lwt
I don't know why a notary would be reluctant to witness someone's signature on a will you didn't write it.

Reply by PAW on 7/19/10 2:23pm
Msg #345553

I agree, Ilene, but most often a Will has a jurat as it requires an oath be administered to the testator and the witnesses. The witnesses are there to witness the signature. The notary is there to administer the oaths as necessary. (Other documents notwithstanding.)

Reply by Bob_Chicago on 7/19/10 2:24pm
Msg #345554

I would be reluctant also. As you will note from your link,

each state has very spedific requirements as to what is necessary for the execution of
a will to be proper in accordance with law. That is why they are usually executed under
the supervision of an attorney.
Even though you are "just" being asked to notarize signatures, if some party contests the
will later, they will go after everyone in sight, including the poor notary who did thier job for
something under $25.00. Not worth the potential grief IMO.
The meanest fights that you will ever see in the law are families fighting over money or kids.

Reply by Hugh Nations Signing Agents of Austin on 7/19/10 4:00pm
Msg #345596

The things people choose to fight over

***The meanest fights that you will ever see in the law are families fighting over money or kids.***

Generally true. However, the most passionate divorce I ever handled wwhen I was practicing was over the dog. And I remember one real dustup over a risque shower curtain/toilet seat set that each party wanted.

Reply by Marian_in_CA on 7/19/10 2:36pm
Msg #345556

The best way to "notarize" a will (so I've been told) is to notarize the signatures of witnesses in separate affidavits. I've done that a lot.... but when I have, they've always been in packages from attorneys with specific instructions.

Reply by Stoli on 7/19/10 3:10pm
Msg #345564

Last Will and Testament - Has the CA Handbook changed?

I checked the online handbook and found no reference to Last Will and Testament, but I recall reading it in previous editions.

Reply by Marian_in_CA on 7/19/10 3:32pm
Msg #345576

Re: Last Will and Testament - Has the CA Handbook changed?

It was in the 2005 Handbook... but removed after that and we haven't seen it since. Also, I've poured over the State Bar website and can't find it there, either.

All of the handbooks since 2005 are on the SOS's website now:

http://www.sos.ca.gov/business/notary/handbook.htm

It said:

"The California State Bar advises that when a notary public 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. If an attorney recommends
that the document be notarized, a notary public may do so."


Note that was advice from the State Bar and not actual law? That's why I'd been trying to find it on the State Bar website.

Reply by Glenn Strickler on 7/19/10 3:27pm
Msg #345571

Ditto. I would not do any notary work on wills without an attorney present giving instructions. That is on advice from my attorney when the subject came up ....

Reply by MikeC/NY on 7/19/10 3:32pm
Msg #345575

If you read through the link you posted, you'll see that A TX notary doesn't notarize signatures on the will itself, but on a self-proving affidavit that is attached to the will. The same holds true here i NY and probably in many other states as well. Here in NY, we're cautioned that notarizing the signatures on the will itself may invalidate it.

Reply by Michelle/AL on 7/19/10 9:04pm
Msg #345640

Anita, the reason I was given by FedEx (months ago)

and by UPS (months ago) was that should there be a dispute over the validty of the Will when the person dies, that the FedEx and UPS employees did not want to contacted by attorneys to testify about the transaction.

I do notarize signatures on Wills here in Alabama. So far, I've been contacted once by a family member's attorney. I was asked to testify in court. I was deposed instead (I think that's the right terminology) since the hearing was out out of town. Haven't heard anything since then.