Full question:
can a will be witnessed after it is notarized in ma.
- Category: Wills and Estates
- Subcategory: Witnesses
- Date:
- State: Massachusetts
Answer:
Typically, a will must be witnessed in the presence of the testator (person making his will). The witnesses are there to make sure it is the actual person and to verify that the person attested and subscribed the will.
In Massachusetts, in order for a will to be valid the following things must be satisfied:
1) The testator must be of sound mind and at least 18 years old;
2) The execution must be witnessed by two competent adults who are not beneficiaries;
3) The witnesses should be in the room when the testator signs and watch the actual signing of the document; and
4) A will with a self-proving affidavit (in which the witnesses acknowledge they witnessed the signing of the document by a testator who appeared to be old enough and of sound mind) must be notarized to be effective.
If you look at number 4, you will notice that the self-proving affidavit (often used in place of actual testimony from the will's witnesses in cases where a will is contested) is not valid unless notarized.
So, the notary is typically present at the same time as everyone else.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
