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DOES ANOTORY NEED A WITNESS WHEN SIGNING A WILL

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. 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 Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. 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 his practice focuses in the areas of trusts, estate planning and probate, real property and small businesses. This does not create an attorney/client relationship. This does not constitue legal advice. The response is intended to provide general legal information. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer.


  3. 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 recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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