Legal Question in Wills and Trusts in California

Unwitnessed Wills

If a durable power of attorney and/or a will is prepared and it bears the signature of the subject individual, but is not witnessed/notarized, will that document still be legal and enforceable?


Asked on 9/24/01, 1:41 pm

2 Answers from Attorneys
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: Unwitnessed Wills

The answer is that both documents would be ineffectual.

Read more
Answered on 11/06/01, 12:57 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Unwitnessed Wills

The power of attorney requires notarization or witnessing (notarization only to be effective for real estate). The will requires the signatures of two "disinterested" witnesses unless it is entirely in the will-maker's own handwriting. Even so, a witnessed will is usually better.

Read more
Answered on 11/06/01, 3:06 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California