Why not? Because it only had one witness. Bradley signed did not qualify as a will. The probate judge in Mohave County, Arizona, nonetheless ruled that the document Ms. In fact, he argued that Billy should be precluded as a witness because he was a beneficiary that argument was resolved against him very quickly, however. Her estranged son Timothy objected to the will, arguing that it did not have two witnesses. Then Billy signed, and the notary signed an acknowledgment that she had identified both signers. The notary carefully interviewed her outside Billy’s presence, decided that she knew what she was doing, and watched her sign. Billy and a notary public were both present in her home when she signed. She left everything to her boyfriend Billy and two step-daughters. The notary as witnessīarbara Bradley, age 76 and terminally ill, signed a will in northwest Arizona in 2016. Arizona had not adopted that rule, however, until last week. With your best friend’s signature, the notary provides the necessary second witness and the will is valid. In a number of states, the courts have ruled that a notary is also a witness. Then the two of you had your signatures notarized. You signed the will and asked your friend to sign as a witness. Suppose you typed out your will and then took it and your best friend to a notary public. It does, however, open up today’s topic: the notary as witness. Notarization does not improve the quality of a will, or substitute for the two witnesses required. Is that valid? Not in Arizona - at least not without more. Now suppose you prepare a will on the computer, print it out, and have it notarized. It is a witnessed will (but we’ll probably have a hard time reading it - that’s a different issue). Suppose you write out a will, entirely in your own hand, and sign it. Not every state recognizes holographic wills, but Arizona does. You can have a will with no witnesses at all - provided that it is in your own handwriting. In Arizona, the two witnesses need to have either watched the signing, or heard the signer declare that the signature was his (or hers).Īctually, you don’t need two witnesses to your will. Basic rules about willsĪ will requires two witnesses. If you live in another state, ask a local lawyer before trusting that the rules are the same. But first let us remind you: we are talking about Arizona law here. Not every will has to have two witnesses. Unless, that is, the courts approve the notary as witness.Īctually, we started with a little misdirection. Having your will notarized does not satisfy the requirement. In Arizona (as in most states) a will must be witnessed to be valid.
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