DOES ANOTORY NEED A WITNESS WHEN SIGNING A WILL

Asked about 2 years ago - Sauk Rapids, MN

MY UNCLE ADDED ME TO HIS WILL AND PASSED ON NOW THERE SAYING THE ADDITION TO THE ORIGONAL IS NO GOOD BECAUSE WHEN THE NOTORY SIGNED IT AT HIS BANK HE DIDNT HAVE A WITNESS SIGN ALONG WITH THE NOTARY BUT THIS WAS 4 YEARS AGO DID THIS LAW RECENTLY CHANGE IN THE LAST FOUR YEARS

Attorney answers (3)

  1. Roy B Henline III

    Contributor Level 9

    7

    Lawyers agree

    Answered . I agree with Mr. Frederick. In Minnesota a will or codicil must be witnessed by two persons to be valid. As Mr. Frederick points out, this is one of many reasons that it is important to retain an experienced estate planning attorney to assist in the preparation of any estate planning documents.

    Mr. Henline is licensed to practice law in the state of Minnesota. He has prcaticed for nearly thirty years and... more
  2. Matthew Thomas Majeski

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . You need two witnesses, not a notary. You only need a notary if you wish to make the will "self-proving". In such a case, the witnesses will need to sign additionally in front of the notary. This provides an extra level of insurance in case the witnesses are not available to testify in the event of a will contest.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more
  3. James P. Frederick

    Contributor Level 20

    6

    Lawyers agree

    Answered . This particular law has not changed that I am aware of. In MN, you need two witnesses. You do not need to have a notary. Your uncle got this backwards and so the codicil is apparently invalid. This is another example of why it is so vital to have your estate planning documents done through an attorney. This all could have been avoided, if he had not tried to do this on the cheap.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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