Legal Question in Wills and Trusts in Florida
Living will declaration - how many witnesses needed?
Can the attorney who prepared the Living Will Declaration also use himself to be a Witness and also be the Notary Public? How many witness' are needed aside from the Notary Public?
2 Answers from Attorneys
Re: Living will declaration - how many witnesses needed?
It is not clear whether you are asking about a living will or a living trust. Regardless, it is preferable that there be two witnesses and a notary. If the notary serves as a witness, this act does not invalidate the will, since only two witnesses are required. A notary is not a requirement to validate a will or trust; however, there could be a problem if it were later required to prove the will since a notary is not supposed to notarize his or her own signature.
Re: Living will declaration - how many witnesses needed?
According to the notary public statutes, a notary may not notarize his own signature.
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