Legal Question in Wills and Trusts in Kentucky
Will
My husband has a married couple who want to update their will from 30 years ago. If I buy a standard will form at an office supply store, like Staples, and the couple fill it out and my husband and I witness it and I notarize it, being a notary public, will that be as legal and hold up in court when they do die as if they went to an attorney to draw up their will?
1 Answer from Attorneys
Re: Will
If you or your husband participate in any way in the filling out of the form, then you would be considered to be practicing law without a liscense. This would extend to your choosing or suggesting which form to to purchase as well as advising the couple on what to place in the blanks. Any participation on yours or your husband's part, other than acting a a witness or notary would not be permitted. There would be no doubt that you would be practicing law without a liscense if you chose or purchased the form and gave it to the couple. This is the same as preparing one.