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Is a copy of a will lacking the signature of the person its for but having witness signatures valid in probate court?
Wiki User
∙ 15y ago
That document in that form is not valid as a will; however, don't give up yet just because of that. There is an outside chance that it could be admitted to probate under the lost will theory. You must see a probate lawyer on this one and find out about the specific laws in that state regarding lost wills. The lost will theory generally is that if an original document had been signed by the testator and the witnesses, but simply cannot be found, a court, upon certain very strict proofs, might admit the will to probate on the theory that it did exist at one time. Since you use the word "copy" I assume you mean a photocopy of an original document. Since the photocopy bears signatures of the witnesses, it is reasonable to conclude that at least the original will had been signed. The copy becomes evidence of the terms of the will. Some jurisdictions are more strict than others and some may not even permit it.
Wiki User
∙ 15y ago
Wiki User
∙ 11y agoNo, all states in the U.S. require that a Will have at least one witness, and many states require two.
Not only that, but witnesses can not be anyone who will benefit under the Will (children, grandchildren, wife, husband, friends who benefit, etc.), must be of legal age (21), and also of sound mind.
Many state laws also require a Notary to witness the Will as well.
Wiki User
∙ 14y agoNope.
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How do you execute a will?
"Execution" means putting your signature on it, having it witnessed and having your signature, and the witnesses signatures notarized. Your state laws will dictate how many witness signatures are needed.
Can a notary act as a witness to the signing of a will in Texas probate court?
Yes, providing they are still living. However, the only thing they can legally witness is that they properly verified the signature(s) that appear on the will.
Is it legal for a notary to witness a will or other document and then notarize the same document Can it be thrown out as a legal document?
That is what Notaries DO. They witness and substantiate the signatures on the document as being valid.However, the simple act of notarization does NOT make a document a "legal" document.In the case of a will - the Notary's only function (IF notarization of a will was even required by state laws) would be to ensure that the signature of the testator was genuine. The purpose of witnesses to a the signing of a will is if the signature of the testator happened to be challenged at probate, the witnesses could be called upon to verify that the signature actually was the decedents.
Can you sign an arrangement on a piece of paper with a witness signature to?
You can sign any agreement you like, but will it hold up in court? Without any notarized signatures, the whole instrument is likely to quickly fail a legal challenge. Having a witness or two does not preclude the need for a notary.
Does a faxed document signature need to be witnessed and is it legal to witness the signature when It is faxed back to you?
No, faxed signatures cannot be notarized or considered as valid and/or "legal" unless they can be witnessed in person. How do you REALLY know the person on the other end of the fax (or e-mail) is REALLY who they say they are?
Can you witness a digital signature?
yes
Does a witness to a signature on a legal document need to know what is in the document?
You are a witness to the signing of a signature on the document and nothing else, (unless it is stated that you are a witness to something else involved with the legal matter directly above where you will sign the document as the witness.)You do not have to know what the document says, what or who it is about, or anything else about the document in order to be a witness to the signing of the document.You are only a witness to the 'original signature' that was signed on the document and could be asked to verify the original signature, as well as your own signature, by anyone involved in the legal process.I would recommend you Do Not ever sign as a witness unless you are certain the signature is valid and it was signed in front of you.
What is the number of signatures on the original U.S. Constitution?
39 signers
What are the responsibilities of signature witness?
The only responsibility of a signature witness is to verify that the correct person is signing the document. The person must physically sign the document while the witness is watching.
Who can put witness signature in an agreement for eg in lease agreement?
A landlord can put a witness signature in a lease agreement. A property owner can also sign as a witness to a lease agreement.
Is it legal to witness a signature on a document if the signatory is not present?
Anyone who actually witnesses the person signing can be a signature witness. Only a notary can notarize the signature, and only if the document is signed in front of them.
Do all the signitures on a notorized power of attorney have to be signitures. What if the signitures were printed instead of signed?
Yes. That is the reason for notarization. The Notary has to identify the signer and witness the signature in order for the document to be legally notarized. You do not print signatures
