Step by Step Guide to Notarizing Wills and Testaments
Making a will is an important step in ensuring that your final wishes are carried out. But what many people don’t realize is that simply writing out your wishes is not enough – you also need to have your will notarized. This guide will walk you through the process of notarizing a will so that your wishes can be legally binding.
Dealing with handwritten wills
If you’re not used to dealing with handwritten documents, the task of notarizing a will can seem daunting. But don’t worry – we’ve got you covered with this step-by-step guide.
First, make sure that the document is clearly written and legible. If there are any ambiguities or errors, it’s best to have them corrected before proceeding.
Next, take a look at the signature on the will. It should be clear and unambiguous, preferably in black ink. If there are any doubts about the signature, it’s best to get clarification from the testator before proceeding.
Once you’re satisfied that the document is in order, it’s time to administer the oath. The testator should state their full name and address, and declare that the will is their last will and testament. They should then sign the document in your presence, and you should sign as a witness.
That’s it! You’ve now successfully notarized a handwritten will.
Reviewing the notarial certificates
When reviewing notarial certificates, it is important to check the following:
- That the name of the notary public and the jurisdiction in which they are licensed is included on the certificate;
- The date on which the document was notarized;
- The signature of the notary public; and
- The official stamp or seal of the notary public.
If any of these elements are missing, the certificate may be invalid and the will or testament may not be considered legally binding. It is always best to consult with an attorney to ensure that all legal requirements for a valid will or testament are met.
Ensuring the signer’s competency and willingness to sign
When notarizing a will or testament, it is important to ensure that the signer is competent and willing to sign. This means making sure that the signer understands the document and is not being coerced into signing it.
There are a few ways to ensure that the signer is competent and willing to sign. First, you can ask the signer questions about the document to ensure that they understand it. Second, you can have the signer initial each page of the document to show that they read and understand it. Finally, you can have a witness present during the signing to attest to the fact that the signer was competent and willing to sign.
Once you have ensured that the signer is competent and willing to sign, you can proceed with notarizing the document.
Refusing to notarize
If you are asked to notarize a will or testament and you refuse, the person requesting the notarization can file a complaint with the Notary Commission. The Commission will then investigate to determine if there was any misconduct on your part. If they find that you did indeed refuse to notarize without just cause, they may revoke your notary license.
