As a general rule, a notary public is discouraged from notarizing signatures on any will. But, what about acting as a witness? In Arizona, the two witnesses need to have either watched the signing, or heard the signer declare that the signature was his (or hers). Why not? I heard that notarizing a Will as a New York Notary might be considered practicing law. For example, section 2 (h) of the Order requires the signatory to “transmit by fax or electronic means a legible copy of the entire signed document directly to the witness” (emphasis added). It is a very boring, but traditional formal proceeding. Art. If you live in another state, ask a local lawyer before trusting that the rules are the same. The power of attorney will not be effective unless witnessed and notarized. The recent Arizona decision probably overrules an earlier Arizona decision involving a notary as witness. Is that valid? It might be. Why? Those same benefits now cover witnesses on the Notarize platform as well. Everyone commonly gathers around the dining room table. It might be. To play it safe, please read up on what your state notary laws are, and don’t draft legal documents, and don’t give advice on legal matters. With your best friend’s signature, the notary provides the necessary second witness and the will is valid. Be a legal resident of Ohio or an attorney admitted to the practice of law in Ohio, and has his or her primary practice in Ohio. The notary public may not be the agent. It is, in fact, what capable estate planning attorneys around the country do. You signed the will and asked your friend to sign as a witness. In short, each state has a different idea of what “UPL” means. Afterwards, there is lots of chatting generally. It is common to have an attorney present, a few neighbors or friends, and perhaps even a bottle of wine (for after the signing). Not every state recognizes holographic wills, but Arizona does. Who Can Witness a Signature? In most of the states, the notary can … Ms. Bradley died two weeks later. Comment by Morgan Hallford — July 10, 2018 @ 8:49 pm, RSS feed for comments on this post. You can see every change every person made to the document and you can easily verify the specific witness observed and participated in the transaction. the notary public is a spouse, domestic partner, parent, guardian, child, or sibling of the principal, including in-law, step, or half relatives, except where such persons witness a will or other legal document prepared by the notary public who is an attorney licensed in the Commonwealth of Massachusetts. In Louisiana, the powers granted to notaries allow for them to prepare and notarize basically any instrument in writing (other than pleadings to be filed with the court). For example, if a Notary witnessed the signing of a last will and was asked to sign an affidavit to make the will “self-proving,” it would be highly improper for the Notary to notarize his or her signature as a witness on the self-proving affidavit. The notary carefully interviewed her outside Billy’s presence, decided that she knew what she was doing, and watched her sign. In Louisiana as well, two witnesses are required but neither of them can be the notary. Does a power of attorney need witnesses or a notary? What is it like to act as a witness to a will? I have done this many times. A notary can act as a witness, but in their capacity as an individual. Is the will still valid if it was notarized? It is not recommended and may even be improper. 3. For example, on an affidavit, the signature of the affiant (the person swearing to the contents of the affidavit) is the signature you are notarizing. A power of attorney must be signed by the principal and by two witnesses to the principal’s signature, and a notary must acknowledge the principal’s signature for the power of attorney to be properly executed and valid under Florida law. With your best friend’s signature, the notary provides the necessary second witness and the will is valid. A notary makes sure that signers are who they say they are and have entered into agreements knowingly and willingly. TrackBack URL, Your email address will not be published. Georgia only requires one witness (in addition to the notary) to sign a real estate deed, while the other four states all require two witnesses. Be at least 18 years old 2. Was it around the time when the internet made it possible for the average person to get a reasonably priced legal will on line? You may sign as a witness but that is not part of the affidavit itself. You can have a will with no witnesses at all — provided that it is in your own handwriting. 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