Legal Question in Wills and Trusts in Florida

Notary as Witness to Estate Plan Documents

Q. Can an attorney who notarizes Estate Planning Documents also be 1 of the 2 witnesses to the signing?

A. Not if the atty. is notarizing their own signature. If the atty. only took an acknowledgement for the signor, then they may be a witness.

Re: Witness to Estate Plan Documents

An attorney can notarize documents of clients they know or don't know. If the attorney does not know the client then the appropriate identification is required. A notary or an attorney who is a notary should not notarize the signature of a family member. Finally, the attorney/notary can not be a witness and the notary since the notary is notarizing the witness signtature and therefore can not notarize their own signature.