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 Re: Addition to a will written on a piece of paper?
Posted by  Joe Ewing on 5/4/07 3:33pm

True Story...

Several years ago I was standing in a copy shop in town talking to the owner. I have notarized documents for his customers for years. A middle aged guy came walking in asking for a Notary. The owner proceeded to point to me. OK, lets take a look at your document I said. Well it was a hand typed addendum to his Will. Every notary in California knows not to notarize a Will I told him, but the shop owner and I would be happy to witness you signing it. So he did and we witnessed his signature. Even printed our names and addresses underneath the signatures just like we were supposed to do.

Several weeks later I got a call from an Attorney who knew me (most do in this town) requesting me to drop by his office to give him a statement regarding that Will I witnessed. So I stopped by and he basically wanted a written statement from me regarding my opinion of whether the signer seemed rational at the time he signed that Will. Then the Attorney told me why he need that witness statement. The signer owned a sizable piece of property in town and he had originally Willed it to his Mother. Several weeks ago he typed up an addendum naming his live in Girlfriend (of 12 years) as half owner.

Last week he committed suicide. The Lawyer was a family friend and had created the original Will. Whew, I was floored! Of course I asked the 24 thousand dollar question, what would have happened if I had notarized the addendum? He replied it probably would have voided it.
it.
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