QUESTION
Can a notary notarize a will that that would benefit her spouse?
Asked on Oct 24th, 2020 on Wills and Probate - South Carolina
More details to this question:
My father passed recently and had always told me that he didn’t have a living will. He became sick with cancer and has passed. After he passed my uncle came out with a will that was made 21 days before my father passed and was notarized by his wife ( my aunt by marriage) and the will stated all belongings would go to my uncle and his wife.
1 ANSWER
2 Awards
A beneficiary can witness a Will if she gives up all her inheritance rights. The same thing may apply to a notary. Report the notary to the State Comptroller and take a copy of the Will to a probate attorney who practices in the county in which your father died. Note that in some states, inheritance is separate property so everything would pass to your uncle. In other states, the bequests to both your uncle and his spouse would be void and the estate would pass to whomever is named as the remainder beneficiary. Depending on the language in the Will, the state law and the judge, the entire Will may be void and the estate will pass to your father's heirs at law (including you if his wife is no longer with us.)
Answered on Oct 25th, 2020 at 5:10 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.