Wills are among the most powerful legal instruments individuals ever create. A single document can potentially determine their long-term legacy and how people remember them. A will can control the distribution of hundreds of thousands of dollars in personal assets.
The details included in a will can also dictate who oversees estate administration and who assumes responsibility for vulnerable minors when their parents die. Ensuring the legitimacy of a will is therefore a top priority during estate administration. Concerned people, including family members and beneficiaries, could raise questions about fraud, undue influence or the capacity of the testator. The validation of outside parties can be invaluable when there is controversy surrounding a will.
Do testators drafting their wills need to have a notary present to validate their identity and state of mind?
Notarization isn’t mandatory
There are roughly 120,000 people in Virginia with seals allowing them to serve as notaries public. Notaries must meet certain standards, apply with the state and conform to specific standards when witnessing the execution of documents. They generally need to review state-issued identification and speak with the signing party to ensure they are there of their own free will and have the capacity to understand the document.
Certain types of legal documents require notarization to be valid. Real estate deeds, for example, usually require a notary’s stamp. Wills do not explicitly require notarization under current Virginia statutes. They can be legal and valid instruments with the signature of the testator and two competent adult witnesses.
That being said, people anticipating potential controversy may benefit from having a notary present when they and their witnesses sign the will. If a testator recognizes that their children have always fought and that one of them might initiate a real contest, seeking notarization of a will could be a smart decision.
The same is true in cases where people make drastic revisions to their estate plans. Having a professional witness the will signing and affirm their mental state later could prevent people from undermining their testamentary wishes.
Learning about and complying with state requirements for wills can help people draft valid testamentary instruments. A notary doesn’t have to be present during a will signing, but their support can be quite valuable.