Legal Question in Wills and Trusts in Pennsylvania

If the maker of the will and trust and the witnesses do not acknowledge their signing in the presence of a notary, there will be difficulties in probating. There are formalities in the signing and witnessing of such documents that must be observed so that they are valid and may be filed.

Note, documents cannot be notarized after the fact, and the signing of the acknowledgment has to be in the presence of the notary.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

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Does a will have to be notarized? No. But it is a good idea to have the signatures of the witnesses and the testator (the person who makes the will) notarized.

The main reason is to make the will self-proving, as noted by Attorney Jacobson. What this does is eliminate the need for the witnesses to come to court and prove the will after the testator's death. While this may not be a big deal if the witnesses are still around, people are more mobile today and there is no guarantee that the witnesses will still be in the area. Or they could die. All of this creates problems which can be avoided by getting the signatures notarized.

Another reason is that not all states have the will same will requirements. I recommend that the will be witnessed by at least three people and that everyone sign in front of each other and the testator. The reason is that if this is done, the will generally will be good in any state to which the testator might move. Also, its a good idea to have a spare witness in case there is a problem with one of the witnesses.

I recommend that your brother have his will reviewed by an attorney and if he needs to change it, have a properly witnessed and notarized will done. The cost will be well worth it if it eliminates possible heartache, conflict and legal cost to your brother's beneficiaries later especially if there is a problem with the will which could easily could have been corrected.