Because two impartial witnesses are usually required - both of whom must have their signatures notarized - the notary would not be able to sign as both a notary public and as a witness to the signing of the will. If you decide to notarize a last will and testament, you should carefully review the notarial certificate. Therefore, you should make it a practice to refuse to notarize signatures on handwritten wills, unless the testator or testatrix has provided an appropriate notarial certificate. When a holographic will is witnessed or notarized, the will is invalidated because it no longer contains only the testator's handwriting. However, in many states, a will written entirely in the testator's own handwriting is considered a valid, holographic will. In general, there is nothing prohibiting a notary from notarizing a handwritten document, as long as it contains the appropriate jurat or certificate of acknowledgment. Dealing with handwritten willsįirst, there is the problem of handwritten wills. Complications arise when a party drafts his or her own will, without the assistance of legal counsel, and comes to a notary for assistance. Such wills are drafted by attorneys and come with specific instructions and pre-printed notarial certificates to be completed by the notary. Most notaries who encounter wills do so in their capacity as a legal assistant or employees of a law firm that handles wills and other estate-planning documents. Some states advise notaries against notarizing signatures on wills unless they are trained in their execution. Typically, however, a properly drafted will requires the acknowledgment of the person making the will (called a "testator" if male or "testatrix" if female) and the oaths of two witnesses unrelated to the principal signer, all before a notary public. The laws regarding the proper execution of wills vary from state to state. For more information about the firm, please visit our website at last will and testament is a highly sensitive probate document that determines how a person's assets will be distributed after his or her death. We help clients understand complex legal principles and make sound decisions that protect them as well as their families or businesses.
Starrett Law Firm is a Charlotte estate planning, probate, and business law firm in Ballantyne that serves clients across the greater Charlotte area and North Carolina. Your handwritten will that may be valid in NC may be invalid after you relocate.įor more information on wills and to discuss your specific circumstances, please contact our office today at (704) 887-4944 or to schedule a consultation. Keep this in mind if you and your family move frequently. Yet, probate is unavoidable in cases of handwritten wills, and arranging for proper witness testimonies to comply with NC law costs time and money.Īdditionally, handwritten wills are not recognized in all states. One of the estate planning goals for many families is to reduce the complexities of probate, if not avoid it entirely in the first place. To make its assessment, the probate court will require testimonies from competent witnesses to corroborate (1) the handwriting of the testator and (2) the location of the will at the time of the testator’s death.įor this reason, handwritten wills may not end up being as easy (or cheap) as first believed. In other words, the probate court must determine that the handwritten will is, in fact, valid under NC law. A handwritten will must also be proven or probated after the death of the testator to take effect. However, handwriting a will is only half of the story. Thus, handwriting a will may appear an easy (and cheap) method for arranging to dispose of one’s possessions at death. A handwritten will must simply satisfy the above three elements to be valid in NC.
Found after the testator’s death among his valuable papers or effects or in a place of safekeeping.Īlso, no special language or formatting is required.Subscribed by the testator, or with his name written in or on the will in his own handwriting and,.Written entirely in the handwriting of the testator (the will-maker).
Under NC law, a handwritten will must satisfy the following requirements: North Carolina recognizes the validity of handwritten wills.
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