Instructions for Signing a Will

Instructions for Signing Your Will

            Bring this instruction sheet with you when you sign your will, and follow them exactly.

General Instructions

You will need two witnesses and a Notary Public. 

You must follow the instructions exactly, and in the order they are listed.

You and the witnesses and the Notary must all be present at the time of the signing of the Will. During the signing, nobody should leave the room for any reason.

Witnesses:

  • Must be disinterested, which means:

  • Must not be named in the Will, or get any benefit from the Will.

  • Must not be related to you.

  • The witnesses should be able to observe, understand, remember, and relate the events which happened at the signing of the Trust.

  • The witnesses must be at least 18 years of age.

Notary Public:

  • Must be a Notary for the state in which you are signing.

  • Must be disinterested, which means:
    • Must not be named in the Will or get any benefit from the Will.
    • Must not be related to you.

Individual Instructions:

 Your Instructions:

“This is a Will I am creating, I am doing this freely, and voluntarily, please witness my signature.”

You must have already read the Will and understand it and must state to the witnesses and the Notary the following:

You should then sign the Will and the witnesses and the Notary must watch you sign it.

Witnesses’ Instructions:

All the witnesses should sign their names on the Will in the spaces provided and in the presence of each other and you.

The witnesses should include their addresses on the line next to their signature.

Notary Instructions:

 The Notary must have seen you and the witnesses sign the Will. You and the witnesses should be duly sworn by the Notary. The Notary should then ask you and the witnesses the following:

To you:           “Did you declare this instrument to be your Will that you are creating and that you willingly signed it and that you executed it as your free and voluntary act?”

You should respond: “I did.”

To the Witnesses:       “Did you sign the Will as witness, in the presence of the Executor (person whose Will it is), and that to the best of your knowledge, the Executor was eighteen years of age or over, of sound mind, and under no constraint or undue influence?”

Witnesses should respond: “Yes.”

The Notary should completely fill out and sign the Notarization section of the Will

            Congratulations, you have successfully executed your will.

Signing Instructions for all other documents that require a Notary but is not the Will

(for instance, the Special Needs Trust or Power of Attorney)

These documents only need to be signed in the presence of Notary Public.

Just bring them to a Notary Public (Notaries can be found in banks, insurance companies, etc.)

The Notary will take care of the formalities of what you need to do. (A will requires formalities that a Notary may not be familiar with.)

Notary Public:

Must be a Notary for the state in which you are signing in.

Must be disinterested, which means:

            Must not be named in the Will, or get any benefit from the Will.

            Must not be related to you.

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