Question: I am a disabled 85-year-old male who does not have easy access to transportation. Is it necessary for me to have my Last Will and Testament witnessed and notarized?
Loraine’s Answer: Wills, trusts, and other estate-related legal documents, such as Georgia Power of Attorney forms and Georgia Advance Directives for Health Care, must be executed (signed) properly to be legally valid. This can mean that you should have at least two disinterested witnesses (persons who are neither fiduciaries nor beneficiaries under the document being signed) and, for some documents such as a Power of Attorney or the self-proving affidavit that should accompany a Will, also a notary public, in order to properly execute the document. An estate planning attorney will typically supervise the signing of the documents, provide witnesses, and either act as or provide a notary public, so that each document is executed with all the legal formalities it requires.
In addition to making sure all legal requirements are met, some estate planning attorneys may use additional techniques to help ensure that the document being executed cannot easily be altered later by a bad actor, such as having the testator of a Will or the Grantor of a trust initial each page. Some attorneys will also have the witnesses initial each page of a document, depending on the type of document being executed.
If you had an attorney help you prepare your Will, the attorney may be willing and able to come to you and help you execute the document if mobility is a problem for you.
If you did not have an attorney help you with your estate planning, then you should look for a mobile notary service. You can ask whether the notary service can also provide two witnesses.
If not, you will need to find friends or neighbors (who are NOT named as beneficiaries in the Will) and have them serve as witnesses for you.
Key Estate Planning Takeaway: Wills, trusts, and other estate-related legal documents must be executed properly to be legally valid. Many attorneys are willing to assist with properly executing estate planning documents at a person’s home if mobility is an issue.
This “Q&A with Loraine” blog series is inspired by answers from Morgan + DiSalvo Partner Loraine DiSalvo to actual user questions posted by individuals on www.avvo.com. This blog is a more in-depth response than can be given on their site under their character limits for answers. To view the original question and Loraine’s original response, click here.
