Legal Question in Wills and Trusts in New Jersey

Lawyer signed as Notary

If a will is signed by a lawyer as the notary for a self proving will, and there is no raised seal or notary stamp, will the executor of the will need to provide proof of the attorney's signature if the will is challenged? There is no indication the will was drawn by a legal form, ie not letterhead, no attorney address, etc.


Asked on 8/14/08, 2:05 pm

3 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Lawyer signed as Notary

Jon is correct. By law in NJ, attorneys are authorized to acknowledge documents just like a notary, and do not need a seal. However, this could be a problem if the Will needs to probated outside NJ, as many states do not recognize NJ law on this. This can be corrected easily and not very expensively by doing a "Republication by Codicil". This is a simple document, a Codicil to the Will, that just confirms the contents of the Will and is signed and witnessed just like the Will, but bears a Notary signature and seal. If you need assistance, contact me directly.

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Answered on 8/15/08, 10:56 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Lawyer signed as Notary

In NJ, attorneys are able to act as notaries. There would ne no seal or stamp needed. When the Will was signed, so long as there were 2 witnesses present, and the attorney signed the jurat [norary section] then the Will should comply with the statute.

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Answered on 8/14/08, 2:16 pm
Michael Berman Law Offices of Michael A. Berman

Re: Lawyer signed as Notary

Did I reply to this before? Will challenges are often difficult and costly because they ALMOST ALWAYS have to get through to the trial court stages in order to ensure victory. That means high litigation costs. Is the risk in pursuing the estate worth the possible rewards?

Mike Berman

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Answered on 8/14/08, 4:04 pm


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