(US law and general information) If a person has to name the most important documents he has to transact in his life, the last will and testament is going to be on top of that list. It is a common understanding that each of us have to prepare our wills as early as 18 years of age. If you already have one, then good for you. But if you don’t, then you have to consult a lawyer on how to create one that is in accordance with state law. Afterward, you can have it notarized by a notary public.
However, it is very important to note that notarization is not required on all wills. You will be surprised to know that notarization may even invalidate some wills. Some states only allow notarization for the sole purpose of authenticating the signatures of the will’s witnesses. So make sure to abide with the current state law in creating your will.
You can ask your lawyer on how to correctly proceed with your will’s creation. But never ask or seek advice from a notary public. Notaries are instructed by law to be very careful in handling wills. Even the smallest variance from strict government regulations is going to nullify your will. If you happen to proceed in making your will under the advice of a notary public, that notary is going to be held liable in the event that a named beneficiary failed to receive or inherit his assets because the will was not properly done.
In summary, the only important role of the notary in the creation of your last will and testament is in certifying it and, if called upon by a court of law, vouching for the validity of the witnesses’ signatures found on the document. Notarization may not be required at all times, but it is useful when the time comes in proving the will and testament.
About the Author:
Casey Likeness is the Director of Support for FindNotary.com and has published a number notary-related article. Follow him on Twitter – @NotaryFind.
