I just took an assignment to notarize a will in a hospital. From what I’ve heard they are risky and the most contested document. I’m just wondering what kinds of things I need to be alert to. I understand that he/she has to be cognizant etc. Has anyone had any experiences with a will? Anything notable to recommend? Thank you in advance.
Notarizing a Will in some states invalidates it. Don’t know what state you’re in… be careful.
I’m in Oregon. So you are saying that regardless of whether it’s notarized it might not be valid, depending on the state? How would that affect me, as I’m just there to witness the person signing?
After doing some reading, I am understanding the witnesses have to be two disinterested parties, in other words cannot be named in the will. A will signing is much like a ceremony in which no less than 4 people are involved. The notary, the signer and the two witnesses. The three are there to witness that the signer is of sound mind and not under pressure from anyone to sign. Also Oregon does not require a “self serving affidavit,” which sounds helpful in the process.
Has anyone ever done a will signing here and have any pointers, or experiences?
Re-read your state’s stips (which sound much like mine from what you’ve said). Self-serving Affidavit is most likely ‘self-proving Affidavit’ and is of considerable value during Probate. Honestly, Wills are sticky situations for a notary as too many people (particularly in emergency situations) go the DIY route and don’t realize that a notary’s stamp doesn’t make it ‘legal’, nor can you ‘help’ them because you are not a lawyer and can get yourself in some serious UPL issues. Every time I get a request to notarize a Will, I ask who’s signature I will be notarizing and if they say the person who is making the Will, I suggest they google ‘Wills in (their state)’. Costs me some business, but I don’t get dragged into some messy court situation either. Yes, you are only there to ‘properly identify the person who is signing a document and notarize that signature’…BUT THEY DON’T REALIZE THAT.
My primary practice is accounting & taxation, including trust & estate, some of which I am executor or administrator.
One decedent had a few wills with bunch of codicils.
Between improperly-executed, improperly-witnessed and solely-notarized document, the estate ended up back at the first, original will - 10 years of changes would never see the NY Surrogate’s Court.
Wills are no place for the newbie. An improperly executed will be rejected, only after the signer is no longer available to correct the error. The signer’s wishes may end up being ignored.
It is not practice of law to recommend that an attorney be consulted on the document. Recommending the number or qualification of witnesses, however, plays on the wrong side of the line.
However, with smartphones ubiquitous, some parties have arranged for someone to record the execution of a will (obviously, politely seeking permission from those present, including medical staff) to provide context in the future; this is not an evaluation of evidentiary value, just an observation.
If I have a PoA signing and competency or duress is at issue, I will ask to record for my own records, so I can defend civil or criminal accusation. If not, I probably walk away.
The risk such a signing represents should be compensated accordingly.
HWB.