Posted by Molly Richardson on 2/3/12 9:13am
Msg #410727

Virginia - Wills

As a transplant to VA from CA.....much of my learnings and education has transferred over to VA. I have received several calls, of late, asking if I can notarize a will....that is not included in a trust, just a will. I reviewed the VA notary handbook and didn't see anything referencing if it was legal here. I know it isn't a practice done in CA...but that doesn't necessarily mean it can't be done in VA. Can someone advise....cuz' I can't seem to find anything on the subject in the handbook. Thank you much.

Reply by Sylvia_FL on 2/3/12 9:25am
Msg #410728

Hi Molly
Read page 14 of the Virginia handbook.
Under conflicts of interest it states that a notary must never notarize wills in which they are a beneficiary - so that would lead one to believe that they can notarize wills in which they are not a beneficiary.
Hope this helps.

Reply by Molly Richardson on 2/3/12 9:42am
Msg #410731

@ Sylvia_FL

Thanks for the input....I was viewing the online version of the handbook and page 14 refers to electronic signings....but I will continue to read through it to see the statement you mentioned. Thank you very much for your assistance!

Reply by Molly Richardson on 2/3/12 9:44am
Msg #410732

Found It!

Page 9...found it! It must be Friday...cuz' I missed that statement a few times....long week, phew.

Reply by Sylvia_FL on 2/3/12 10:10am
Msg #410733

Re: Found It!

Glad you found it.
I had downloaded the handbook and in the downloaded version it was on page 14.

Strange in the downloaded version Page 9 is regarding Electronic notarizations LOL

(But the handbook I have is for 2011 - is there a new one for 2012? - I like to keep up with the current handbooks)

Reply by CopperheadVA on 2/3/12 10:32am
Msg #410737

Re: Found It!

The July 2011 version of the VA handbook is the most current. Here is a good link for will information for Virginia (see item # 4 regarding notarization):

http://www.vsb.org/site/publications/wills-in-virginia/

Also, in VA the will itself is not normally notarized, but instead the Self-Proving Affidavit requires the signatures of the testator and witnesses to be notarized. Many, many notaries in VA refuse to notarize wills because they don't wish to be called into court at a later date if the will is contested. I myself will accept will appointments only if the will has been drawn up by an attorney or a legal document preparation service, and also if it already has a pre-printed notary certificate on the document. I ask these questions over the phone when I receive the initial call. I don't accept will appointments at Starbucks, because they usually end up being somewhat lengthy.

Reply by Sylvia_FL on 2/3/12 10:51am
Msg #410738

Re: Found It!

Same in FL Copperhead, it is the witnesses signatures we are notarizing.
I also refuse those that are not drawn up by an attorney - I have had people bringing me their will written out on a yellow legal pad - and I refuse to do it and suggest they have an attorney prepare the will so there will be no problems for their heirs.

Reply by CopperheadVA on 2/3/12 11:05am
Msg #410740

Re: Found It!

I agree - I do the same. One guy who had written out his will by hand was very frustrated with me!

Reply by Sylvia_FL on 2/3/12 11:18am
Msg #410743

Re: Found It!

I had one lady come with family members (I had told her on the phone that she needed two witnesses neither of whom could be beneficiaries in her will).
I asked her if the witnesses were named as beneficiaries and she said one of them was.
I said that she would need another witness instead. She got on her cell phone and was obviously talking to another family member (she was Hispanic so I couldn't understand what she was saying), then she handed the phone to me.The guy on the other end was berating me and saying that the family member that had come could be a witness as she was only signing that she saw the woman signing the will. He made out he was an attorney. I told him I knew the law. Then it transpired he wasn't an attorney but had studied the law.
The woman decided to get someone else as a witness. When the other witness showed up we proceeded. (while we were waiting for the other witness to show up, we looked through the paperwork, (Legal Zoom) and there were a couple of other documents the woman had to sign that needed witnesses but didn't need notarizations. So she signed those and I signed as a witness.
On the will I notarized the Self Proving Affidavit. Woman was happy and left.
The next day I get a call from the guy who had berated me on the phone, he said I screwed everything up, that I had not notarized the womans signature and because I had witnessed her signature on the docs that didn't need a notary they would be no good and the woman would have to start all over again and it would cost her big bucks.
I told him I had notarized the Self Proving affidavit which was the only document with a notary certificate on it and acting as a witness on the other docs didn't invalidate anything. He then tried to "play the attorney" again, so I just told him I had his information and would report him for UPL - and he didn't even understand what that meant. I never heard from him again.

Reply by CopperheadVA on 2/3/12 11:22am
Msg #410745

Crazy story! Sometimes people are their own worst enemies! n/m