Legal Question in Wills and Trusts in California

Hello, My father is 72 and can not get out of the house. We have typed up a paper stating what he wants done when he passed. We have gotten it notarzied, is this then a legal document?


Asked on 7/23/10, 10:33 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

No. If he wants a will, he needs to have it attested. For some reason, we are getting a lot of questions about wills being notarized, and the only reason that I know this is cropping up is because of some erroneous information on Legal Zoom.

He must first sign the will, which is known as subscription. If he canot sign, he may direct someone else to sign it for him. To be a attested, a will is witnessed by two competent witnesses, who must be present at the time of his signing or his acknowledgement of his signature.

If the will was holographic, it would not have to be attested. A holographic will is a will where all of the material terms and the signature are in his handwriting.

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Answered on 7/23/10, 1:49 pm


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