I guess it depends on state laws. In NY, as in many other states, notarizing the execution of the will or codicil itself could invalidate it.
The witnesses can, however, sign a self-proving affidavit attesting to the fact that they did witness the signing of the will or codicil and that the testator was of "sound mind" and not under duress at the time. THAT can be notarized and attached to the will, and at probate it eliminates the need to track down the witnesses and ask the kinds of questions that Joe was asked. The affidavit has to be supplied by the attorney drawing the will (or by the testator, it it's self-drawn) - it's not something the notary would supply. I have no idea whether that's allowed in other states. |
Messages in this Thread |
| Addition to a will written on a piece of paper? - Next Level Notary Services - LaShawn on 5/4/07 1:12pm |
|  Re: Addition to a will written on a piece of paper? - rengel/CA on 5/4/07 1:22pm |
|  Re: Addition to a will written on a piece of paper? - Next Level Notary Services - LaShawn on 5/4/07 1:39pm |
|  Re: Addition to a will written on a piece of paper? - BrendaTx on 5/4/07 2:00pm |
|  Re: Addition to a will written on a piece of paper? - Next Level Notary Services - LaShawn on 5/4/07 2:05pm |
|  Re: Addition to a will written on a piece of paper? - BrendaTx on 5/4/07 2:13pm |
|  If you refer to page 13 in the 2005 Handbook - DogmongerCA on 5/4/07 2:30pm |
|  Re: If you refer to page 13 in the 2005 Handbook - rengel/CA on 5/4/07 3:33pm |
|  Re: If you refer to page 13 in the 2005 Handbook - Joe Ewing on 5/4/07 9:09pm |
|  So why is it not in the 2006 handbook?... - BarbaraL_CA on 5/4/07 7:25pm |
|  I am not an attorney, so I can only guess - DogmongerCA on 5/5/07 12:18am |
|  Re: Addition to a will written on a piece of paper? - Joe Ewing on 5/4/07 3:33pm |
|  Great story - but a little creepy! - JanetK_CA on 5/4/07 5:23pm |
|  Joe, if the notarial act was witnessing his signature, then - Susan Fischer on 5/5/07 2:43am |
 |  Re: Joe, if the notarial act was witnessing his signature, t - MikeC/NY on 5/5/07 7:43am |
|  Mike, I guess I'm still confused. How does notarizing a - Susan Fischer on 5/5/07 12:16pm |
|  Susan, this applies to wills in NY, not documents in general - MikeC/NY on 5/6/07 11:34am |
|  Ah! Now I see, said the blind woman...Thanks so much, Mike. n/m - Susan Fischer on 5/6/07 1:51pm |
|  It is called a codicil - Elizabeth Soliday on 5/4/07 4:38pm |
|  Re: It is called a codicil - LJ on 5/4/07 6:10pm |