Why Is It Worthwhile to Notarize a Will?
Notarization is also known as notarial acts. This is a three party process conducted by a notary public which includes record keeping, vetting and certifying. This is the official procedure taken to prevent fraud and also assure parties in the transaction that the document, in this case, the will being notarized is authentic. Not only the will but banking transactions documents should be notarized too.
By signing a will, one specifies how they want their property distributed after their death. This process is called probate. Whereas some states do not necessarily require notarization of wills, notarizing a will might speed up the probate speed. The question you and I might be having is, why is it worthwhile to notarize a will? Let us explore.
In most countries, a notary is carried out by a notary public who in this case acts as an eyewitness in discharging restrictive fraud activities connected to your will. There is also an act that governs such duties. He can direct oaths and witness swearing by deponents for affidavits. It is also believed that a notary can also act as an arbitrator.
Who Is Supposed To Notarize?
Notarization can be conducted by a practicing lawyer who has experience of at least 7 to 10 years. Also, an individual who has served as a judicial service member or has served under central or state government and whose position required specialized knowledge of the law is also qualified to become a notary.
Benefits of Notarizing a Will
Prevents future frauds and identity theft
George Sink urges that a notarized will help to verify that you are the one signing your will. This will help you, the owner from future frauds or identity theft in such a way that no one else can present or produce a forged will.
Notarizing your will prevents the owner from unpredictable fraud cases. This is because regardless of what the other party produces, your notarized will affirms you as the sole owner and that, can never be challenged.
Notarizing your will furthermore affirm to the fact that all the signatories are real and authentic. It also shows that genuine people signed them and that the will itself is not fabricated.
Helps Protect the rights of the will
A notarized will which has been fully certified by a notary public also aids in protecting the rights of the will. Furthermore, to avoid further and possible court proceedings, it is rather advisable for individuals to notarize their will.
Prevent court rejections
In some cases, notarizing a will is mandatory. Some lawyers argue that if you do not notarize your will, its validity in future might be questioned which might even lead to court rejections, in case there is a case and your will has to be produced. To avoid all this unfolding saga, it is advisable to notarize wills early enough.
The signatories do not necessarily have to testify in court
Another reason why notarizing your will is worthwhile is the fact that the signatories do not necessarily have to testify in court to authenticate their signatures. This saves a lot of money and time from both parties. Notarizing your will, therefore, serve as an enormous strategic advantage in the lawsuit.
We have discussed throughout the article what notarization is, who executes it and why is it a suitable procedure. All we can say is that notarizing your will is just a formality that should be implemented when signing your will. A notarized will assures the legal authenticity of an individual’s signature and identity whereas without doing so, a person cannot claim ownership of that particular will; therefore, notarization of a will is crucial.