Wednesday, August 27, 2014

Should my Will be notarized?

While I HIGHLY recommend you work with a Virginia licensed attorney in creating a will, trust, power of attorney, advanced medical directive or any other estate planning document, I also recognize not all of you will.  If you are working with an attorney, it is highly likely your Will will be notarized.  If you are drafting it yourself or using some online program, should you have it notarized?

Legally, there is no requirement that a will be notarized.  It must, however, have two witnesses who are unrelated to the will.  You should list their names in print and their address so that they are easier to track down if there is a challenge to your will. 

So, if legally you don't need it to be notarized, why are attorneys notarizing the wills they draft?  This is over-simplifying the issues but to be brief: it is much more difficult to challenge a notarized will than a non-notarized will.  A notarized will becomes "self-proving", meaning that you don't need your witnesses to appear in court to testify that they did, in fact, witness you signing the will.  In addition, the notary can act as a back-up witness.  For example, if one of your witnesses did not properly witness the will or is unavailable to testify to the validity of the will, the notary may be able to act as a witness in addition to the two witnesses listed on your will. 

It may be a bit more of a hassle to have a will notarized but in the long run, it affords your Will added protection and will likely make the process easier on your loved ones. 

If you are looking at drafting a will or other estate planning document and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.