In the world of inheritance law, navigating the waters of correct and due diligence can be a task that is scarcely considered to be simple, and rarely easy. The required processes involved with things like wills and testimonies are often complex, and certain questions need to be answered before one can continue to seek out their intended pursuit.
One of these common queries regards the topic of notarization, due to the prevalence of the process in the areas of legal documentation, and specifically the formalization of written bodies. The question regards whether or not a will needs to be notarized before it can be considered formally and legally recognized. The process required for a will to be brought to fruition is as follows: a will requires the precess of two subscribing witnesses for it to be regarded as complete, who are to be present during the wills formalization. These witnesses cannot be replaced by a notary witness, nor does a notarized signiature have any bearing on the processes involved in formulating and formalizing a will.
The witnesses are there to provide testimony of the testator’s creation of the will in question. They must affirm the existence of capacity and intent – that the contents are true to the intentions of the testator. Since the testator is deceased and thus incapable of affirming their signature, the subscribed witnesses are present to affirm the signature for the deceased person.
To ensure you have the correct position with regards to the topic, it’d be wise to make sure you have a complete and unadulterated understanding of the terms that pertain to said topic. For further assistance with attaining the information you need about the topic, it’s always highly advised that you seek the help of professionals for an in-depth run down of the situations at hand, for both legal advice via a legal counsel, and for help with translations from a trained language translator if such a service is required.
For a quick overview of the two relevant terms, will and notarization, see below:
- Will: refers to a legal document that defines and outlines the wishes of a testator with regards to their properties, and what is to be done with said properties in the event of their passing.
- Notarization: refers to the process of a signature – on a statement or a related document – being witnessed and attested by a notary.