Instructions on Signing Your Will With a Notary and a Supervising Attorney
The Will should be executed by the testator in the sight and presence of three witnesses, who should be persons not named in the Will (either as beneficiary or fiduciary) and not heirs or distributees of the testator. A notary should also be present. The notary may not be a witness. The testator should read to himself (or have already read) the Will. Then, in essence, the following should take place in the sight and presence of the testator and the three witnesses: The testator should state that the document he is about to sign is his Will, should insert the date in the place provided for that purpose in the clause which starts "IN WITNESS WHEREOF" on the Will, and should sign the Will on the signature line. One of the witnesses should then ask the testator the following questions, to each of which the testator should respond affirmatively in turn: 1. 2. 3. 4. 5. 6. Is the instrument you have just executed your Last Will and Testament? Have you read it? Do you publish and declare it to be your Will? Has it been prepared in accordance with your instructions? Does it correctly set forth your testamentary desires? Do you request __________________, _______________ and ________________________ (recite names of witnesses) to act as witnesses?
One of the witnesses should then read aloud the clause which starts "The foregoing instrument" and insert the number of pages in this clause. Then the three witnesses should sign their names and print their addresses after this clause. It is essential that only the original of the Will be executed, and that none of the copies be executed. Finally, the supervising attorney should fill in the location of the signing in the blank lines in the first full paragraph of the last page, entitled “AFFIDAVIT OF ATTESTING WITNESSES.” The supervising attorney also fills in his/her name in the space provided in the last paragraph. The three witnesses also sign the Affidavit, in the three lines provided. Their signatures on this page must be notarized as provided.