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A notary notarized a will without witnesses being present....

A notary notarized a will without witnesses being present....

Q: Can a notary notarize a document without the person present?

No, a notary cannot notarize a document without the signer being present. The notary must witness the signer signing the document to verify their identity and ensure they are signing willingly. Notarization requires the physical presence of the signer to be valid.

Q: What are the requirements for a will to be valid in Massachusetts?

In Massachusetts, for a will to be valid, it must be signed by the testator in the presence of two witnesses, who must also sign the will. While notarization is not required, a will can be made self-proving by signing an affidavit before a notary, which can simplify the probate process.

Q: Do witnesses have to be present for notary?

Witnesses are not required for most notarizations, but they are necessary for specific documents, such as wills in Massachusetts. For a will to be valid, it must be signed in front of two witnesses who also sign the document. Notaries should be aware of the specific requirements for the documents they are notarizing.

Q: What is the most common mistake made by a notary?

The most common mistake made by a notary is failing to properly identify the signer. Notaries must confirm the identity of the signer using acceptable identification. Another frequent error is not ensuring that all necessary parties, such as witnesses for certain documents, are present during the signing process.

Full question:

A notary notarized a will without witnesses being present, are they required to know the law in ma. regarding the proper execution of a will?

Category: Wills and Estates
Subcategory: Notarized
Date: 04/07/2025
State: Massachusetts

Answer:

The notary is not necessarily a lawyer (and even if so, may not have an attorney-client relationship with you), and is not required to "know the law" on wills, but just to do what they are asked to do by you. You can correct the situation by re-doing the signing process, this time with the witnesses.

More info you should be aware of:

In Massachusetts, you must sign the will in front of two witnesses who must also sign the will.it is

If this is done, the will is legal, and does not need to be notarized. However, Massachusetts allows you to make your will "self-proving." A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it. To make your will self-proving, you and your witnesses will need to go to a notary and sign an affidavit that proves who you are and that each of you knew you were signing the will.

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.

FAQs

What makes a notarized document invalid?

A notarized document can be invalid if it was signed without the presence of the signer, if the notary did not verify the identity of the signer, or if the notary failed to follow proper procedures. Additionally, if the document requires witnesses and they were not present during the signing, it may also be deemed invalid. In Massachusetts, certain documents, like wills, must have specific execution requirements, including witness signatures, to be legally valid.

What is the most common mistake made by a notary public?

One of the most common mistakes made by notaries is failing to properly identify the signer. Notaries must ensure they verify the identity of the person signing the document through acceptable forms of identification. Additionally, notaries may overlook the need for witnesses on certain documents, such as wills, which can lead to invalidation.