What happens if a will is not notarized?
When you create a will, it is important to have it notarized; otherwise, it might not be legally valid. A will is a written document that tells others what should happen with your property after you have died. If you do not have a will, then state law will determine who gets your property and how the inheritance is divided amongst your family members. Not having a will can be risky because it may cause disagreements among family members and could lead to expensive or lengthy court battles over your estate.
If a will is not notarized but is witnessed and signed by two individuals, it is called an "attested" will.
In order for the will to be valid, it must first be written properly. This means that the testator, or person writing the will, must have testamentary capacity at the time of execution. Testamentary capacity means that the testator must understand three things: 1) The nature and extent of his property; 2) The natural objects of his bounty; and 3) The disposal he makes of his property. In other words, he must understand what he owns, who might be interested in it after his death, and what he wants to do with it.
The testator must also sign the will in front of two witnesses. These witnesses are called subscribing witnesses because they sign next to or near where the testator has signed. If there are multiple pages in the document, then these witnesses must appear on every page as well as at the end. If you need legal help with an estate or will or trust, call this law firm for a free consultation.
Parklin Law LLC
5772 West 8030 South, Unit N206
West Jordan, UT 84081
(801) 618-0699
https://parklinlaw.com/requirements-for-a-valid-will-under-utah-law/
