#Does a will have to be notarized in tn. code#

What does it mean to 'notarize a signature'? The surety company guarantees to the public that you, as a notary public, will perform your duties in accordance with the law, and if you do not, the company will pay any damages caused by the incorrect notarization up to the amount of the bond. The notary bond is a type of surety bond issued by an approved surety company to protect the public against any wrongdoing on the part of the notary. A notary’s primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer. You can contact us online or by calling 800.705.2121 to discuss your options and any questions you might have.A notary public is a person of integrity who is appointed to act as an impartial witness to the signing of an important transaction and to perform a notarial act, which validates the transaction. We will help you to make sure that your will is valid and we will also discuss with you any other options you may have to help you take care of your family and loved ones in the future. In order to make sure that your will is valid when you pass away, you should consider speaking to an experienced and caring estate planning lawyer at the Higgins Firm. Since there are specific laws in Tennessee concerning wills and different reasons a person may contest a will, it is crucial that a will be drafted and executed properly. When a will is contested, there may be other technical issues to consider such as the lawyer who helped draft a will may be asked to testify or the will may state that anyone who wants to challenge the will may have to forfeit their right to any benefits they may receive. Finally, if a claim of undue influence is made, meaning that someone is accusing someone else of making a person create a will that benefits them, the whole will or a part of it may be determined to be invalid. If it is contested that someone lacked the capacity to make a will, the court will take into consideration the testator’s physical health when the will was executed and their age and mental state. The witnesses must sign the will while the testator is present. In Tennessee, a will is only valid if it is signed by the testator and two witnesses. If a person wants to contest a will, the three common grounds they may have to do so include improper execution, like in this particular case, lack of capacity, or undue influence. If a person dies without a valid will a Tennessee court will decide how the estate gets distributed. Since the witnesses did not sign the will itself, the will was not valid due to improper execution and the decedent died without having a valid will.

#Does a will have to be notarized in tn. code#

They signed a self-proving affidavit under a separate statute, Tennessee Code Annotated Section 32-2-110. The appellate court ruled that the witnesses, therefore, did not actually sign the will. The two witnesses signed the affidavit but did not sign any other section of the will. The decedent signed the second page of the will and then immediately after the testator’s signature began on the same page an “affidavit” of the witnesses, which continued onto a third page where the two witnesses signed the affidavit. Tennessee Code Annotated Section 32-1-104 requires that the testator and at least two witnesses sign a will any non-holographic will. Specifically, the heir argued that because the will was not signed by witnesses according to the law the Will should be thrown out. In a recent case, the Court of Appeals found a Will was invalid after one of the decedent’s heirs filed a will contest alleging that the decedent’s will was not properly executed. We will answer any questions or concerns you may and help you to draft a will that protects your property and loved ones even if you no longer around. This is why if you are wanting to have a will drafted, it is a good idea to talk to a estate planning lawyer with the Higgins Firm. It is not only important to have a will though, it is also important that you follow all the rules and guidelines about making sure a will is valid in your state. If there is no will, then a court may decide who gets to have what and you may get little to no say. When someone you love passes away, you may inherit property, money, or other possession if that person names you in a will.