Last Will & Testament

Last Will & Testament

A last will is a complex and sensitive legal document that can take various forms depending on state law. Some wills are legally required to be notarised, while others are not and may be invalidated if notarised, and still others allow notarisation as one of several witnessing options. Rather than the signature of the maker of the will, known as the testator, the signatures of witnesses to the will are frequently notarised.


Notaries must proceed cautiously when asked to notarise a will because even minor deviations from strict statutory rules can invalidate its invalidation. A choice should never be notarised if the testator is consulting with the Notary about how to proceed. Instead, the testator should follow authoritative legal instructions and provide a certificate or certificate for the Notary to complete.


Notaries must never advise executing a will because they may be held liable for a named beneficiary's failure to inherit assets if the choice is performed incorrectly and thus invalidated.

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