Submitted by Mrs.M on Fri, 05/14/2010 - 13:12
My husband and I had our wills done years ago by an attorney who is no longer living. I was looking at our wills last night and noticed that there is no notary stamp or signature. There are two witness signatures, but no notary and no seal. Does that mean the will is not valid in Massachusetts?
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Editor's Response
No. As long as the will meets all the requirements of a valid will in Massachusetts, it is not absolutely necessary for it to be notarized. For the will to be valid:
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. Good luck. For more information, visit our Massachusetts Estate Planning Discussion Forum.
Recomend executing new wills containing self proving affidavits
I agree with the editor's answer regarding this post. However, I recommend you execute new wills containing self proving affidavits. The lack of such affidavits in your current wills will create more probate work since the wills will have to be proved by a witness (a witness going to probate court to do so). Such a probate process will require more time and expense (legal fees). Using self proving affidavits would avoid the time and expense of such a probate process. Please let us know if you have any questions. We offer free consultations. Thank you.
David M. Beliveau, Esq., CPA
admitted to the Massachusetts, New Hampshire, and Florida Bars
Beliveau Law Group, LLC
Massachusetts ● New Hampshire ● Florida
393 Totten Pond Road, Suite 204, Waltham, MA, 02451
phone: (781) 890-8600 x202
224 North Broadway, Suite D-11, Salem, NH, 03079
phone: (603) 893-2304 x202
4100 Corporate Square, Suite 126, Naples, FL, 34104
phone: (239) 262-8645 x202
fax: (888) 801-3385
e-mail: david@beliveaulaw.com
website: www.beliveaulaw.com