Legal Question in Wills and Trusts in Oregon
will preparation
If I have it notarized is the will I obtained from the form/stationary store, as legal as one drawn up by an attorney?
1 Answer from Attorneys
Re: will preparation
A will to be properly executed requires the testator's signature and the signatures of two witnesses who saw the testator sign it and signed at the same time. A will generally IS NOT notarized.
However, the common practice is to also have the witnesses sign an "affidavit of witnesses" in which they state that the testator appeared to be of sound mind and that they observed him/her sign it. Affidavits need to be notarized.
You're also asking whether it is "valid" -- I think the better questions is whether the documents is EFFECTIVE in implementing your wishes. For instance have you accounted for nonprobate property which passes outside of the will? What property title is your real estate? Have you addressed what happens to gifts that lapse or are adeemed? Do you desire to waive the personal representative's bond?
This is a major decision that can go wrong in many ways. Better talk this over with an attorney - it will be some of the best money ever spent.
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