Can a will be notarized?
The notary should not notarize a will unless clear instructions and notarial wording are provided by an attorney. Because wills are such sensitive and often-contested documents, there are certain unique risks for notaries – and signers – involved with them. Some handwritten wills may actually be invalidated by notarization. And notaries who – even with the best of intentions – make the mistake of helping others prepare a will may be sued by would-be or dissatisfied heirs. Some individuals prepare their own wills and bring them to notaries with the intent of having them “legalized”. They depend upon the notary to recommend what kind of notarial act is appropriate. But notaries have no legal authority to offer such advice. And, whether notarized or not, these supposed “wills” may subsequently prove worthless in the eyes of the law.
