QUESTION
Is an unsigned will with two witness signatures valid?
Asked on Dec 11th, 2013 on Estate Planning - Michigan
More details to this question:
Upon my son's death a will was found in his belongings recently dated, signed by two witnesses and even notarized (although wills do not need notarized) but not signed by my son. Is this a valid will that need to be probated?
20 ANSWERS
A valid Will needs to be signed by the person making the Will.? Otherwise, how would you know the Will was that of the testator.? I am surprised that a notary would notarize the document without the signature.? Check with them as to what happened if they can remember.? Even if there is no Will, his estate might have to be probated to change titles to real property such as cars, real estate, etc.? You may be able to handle that yourself; there are several good books written by lay people, including Nolo Press, about the subject of Wills and Estates.
Answered on Dec 16th, 2013 at 6:16 PM
Edwin K. Niles
Doesn't sound as if it was validly executed. And what notary would do such a thing? I would have a talk with the notary about the circumstances.
Answered on Dec 16th, 2013 at 6:15 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends. Did the notary sign FOR your son? This can be done under the Michigan notary code. I do not understand what the witnesses would have been "witnessing" other than the signing of the Will. More information is needed. My guess is that the notary signed for your son. I am very sorry for your loss!
Answered on Dec 16th, 2013 at 6:15 PM
Unsigned wills are not valid.
Answered on Dec 16th, 2013 at 6:14 PM
A will that is not signed by the testator is not valid.
Answered on Dec 16th, 2013 at 6:12 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Nope. What did the witnesses witness? Their statement is that they saw the testator sign; obviously they did not. Is there not a single mark that might be your son's signature?
Answered on Dec 16th, 2013 at 6:11 PM
Thomas Edward Gates
If he did not sign the will, the court would likely not accept it. The witnesses are attesting that they saw him sign the will, which did not take place.
Answered on Dec 16th, 2013 at 6:11 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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NO if he did not sign it is not valid.
Answered on Dec 16th, 2013 at 6:10 PM
No. The testator needs to sign the Will and he did not.
Answered on Dec 16th, 2013 at 6:10 PM
A will in Florida must be signed in front of 2 witnessed and notarized. If the will is not signed yet witnessed and notarized, it is not valid unless there was a reason the testator could not sign - and then it would still need to have a special notary signature.
Answered on Dec 16th, 2013 at 6:09 PM
No. It is not a valid will without his signature. What was notarized if not his signature? Very strange.
Answered on Dec 16th, 2013 at 6:08 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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No.? How can it be 'witnessed' (and notarized) if it wasn't signed? The 'witness' clause should say that the witnesses say the testator sign.? Is it possible that it was signed but that particular page is missing?
Answered on Dec 16th, 2013 at 6:08 PM
2 Awards
No, not if it is unsigned.
Answered on Dec 16th, 2013 at 6:07 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Is the Will you located a copy? A notary cannot acknowledge a signature that does not exist. Neither can witnesses sign a document purporting to witness a signature that does not exist. I can only assume you have located a copy. Many lawyers do not like to make a copy of a Will that includes the signature of the testator. The original Will with the testators original signature and the original signature of the witnesses is required for a probate. There is a procedure for filing a copy of the Will and proving that the original Will existed, that the original Will cannot be located and was not revoked by the testator, but there is a heavy burden of proof.
Answered on Dec 16th, 2013 at 6:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would look for another, and signed copy.
Answered on Dec 16th, 2013 at 6:05 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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The will is not valid if your son did not sign it.
Answered on Dec 16th, 2013 at 6:05 PM
3 Awards
Probably not. His estate will probably needed to be probated pursuant to the intestate law of the State where he resided. You should have an attorney review the actual writing, though to make sure. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Dec 16th, 2013 at 6:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No. It does raise the question of what the two people witnessed if his signature is not there. You may want to talk to them and find out what happened. Did he sign in disappearing ink?
Answered on Dec 16th, 2013 at 6:04 PM
If the will isn't signed by your son, it probably isn't valid. Check the laws of the state in which your son resided. Frankly, I"m surprised the notary would notaize the document without his signature.
Answered on Dec 12th, 2013 at 7:22 PM
An unsigned will is not valid. The version you have, however, is some evidence that your son signed another copy. If you can find the witnesses, they may be able to explain what happened and they may assist you in locating the signed copy. The missing signature may be evidence that your son revoked the signed will you have to overcome to convince a probate judge to accept the unsigned copy.
Answered on Dec 12th, 2013 at 7:21 PM