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James Cohen’s Answers

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  • Are wills usually notarized to be legal?

    My grandmother will is not notarized but signed by an attorney and one witness.

    James’s Answer

    No. Wills must be properly witnessed by two (2) independent witnesses. One of those witnesses can be the attorney draftsman. Most Wills today, prepared by lawyers, have a self proving affidavit attached. That affidavit is executed at the same time the Will is executed. It thus, avoids the necessity of tracking down witnesses after the testator dies, because the witnesses have already attested to the proper execution of the Will. That affidavit, in order to be accepted by the Court, must be properly notarized.

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