DEN JEN LAW

Signing your Will is called “executing ” it and makes the Will legal ( assuming

that the document is not lacking in some formality or content). Wills are

typically executed in the state of residence of the Testator (the person who is

dividing his or her property).

 Some states require that a Will be signed by the testator in the presence of a

Notary Public in order to be legal. It is still always a good idea to have all

parties sign in the presence of a Notary Public, even if not absolutely required

by law.

 During the execution procedure, you and all Witnesses must be present at all

times. No one should leave the room or be out the sight or hearing of the

others. The Will itself should be kept in clear view at all times. If having the

Will notarized, the Notary Public should be present for the signing of the Will

and Self-Proving Affidavit.

 Make sure that everyone clearly understands that they have been gathered to

bear witness to your signature to the new Will.

 Please note that you do not need to read the Will. To can keep the details

completely private if you choose.

 Show Witnesses how many pages are in the Will and show the blank signature

areas.

 Once all parties have signed the Will, inspect it and confirm that the date,

signature, and other details are properly inserted and legible.

 Usually only the original Will is signed and witnessed. Some people choose to

make a photocopy of the Will (in the presence of the same Witnesses and

Notary, if applicable) immediately after it is signed by all parties, sating and

initialing the photocopy and clearly labeling it as a photocopy (in Ink). This can

allow more than one party to safeguard the Will, while still limiting the

potential for confusion of which copy is the official original Will.

 Typically when a person dies, a signed Will must be reviewed at a probate

hearing. It is at this hearing. It is at this hearing where the Witnesses shall be

asked to review the signature areas of the Will and offer testimony of the

signing and events surrounding the signing.

 In many states, however, a Self-Proving Affidavit can serve in place of these

Witnesses and their testimony. It acts as written testimony, typically preventing

the difficulty in locating the Witnesses years later and scheduling for verbal

testimony to be given.

 Thus, it is recommended you and the Witnesses sign the Self-Proving Affidavit

on the same day as the signing of the Will. This document must be signed in

the presence of a Notary Public.

 Make sure that each Witness carefully reads the Self-Proving Affidavit prior to

signing it. Inspect the Self-Proving Affidavit and confirm that the date,

signatures, and other details are properly inserted and legible.

 Only the original Will should be signed and witnessed. (If you ever want to

change your Will at a later date, it may be difficult to find multiple signed and

witnessed copies in order to destroy them). You may, however, make copies of

the unsigned Will if you wish to provide copies to your Personal

Representative, friends, or children.

 Keep the signed original Will in a safe place within the home. Make certain

that one or two family members know of its location.

 A copy may be stored in a safe deposit box. It is not recommended to store the

original in a safe deposit box because safe deposit boxes are often sealed by

taxing authorities upon death, and thus it would be difficult for your

representatives to gain quick access to your Will. I some states you may be able

to deposit a copy of your Will with the local Probate Court. This is

recommended if available.

 If you have a previous Will, you may want to destroy all existing copies. That

previous Will could be deemed as legal and proper if the new Will cannot be

located after your death or if it is found be invalid.

During your lifetime, a child may be born, a named beneficiary may die, and

you may change your mind about the division of your property. You may

inherit real estate or wealth which is not properly accounted for in your existing

Will. In short, as the circumstances of your life changes, you may have the

desire or need to update your Will.

 ( Note: Never add changes or revisions to an existing Will simply by adding

hand-writing remarks in ink) a codicil is a legal amendment. This type of

document can be prepared to show that you wish to make a revision to an

existing Will. It helps explain that these one or two changes are needed, but

otherwise, the existing Will is accurate.

 Codicil can be typed or handwritten, but should still be witnessed by multiple

parties, contain each party’s signature and the date of signing. It is

recommended that all amendments are only signed in the presence of a Notary

Public(certified).

 Codicils of the Codicil should be kept with all copies of the existing Will.

 Many people do not want to attach amendments, or the degree of that change to

be made are to great of an amendment to be practical. In these cases, they

simply write and execute a completely new Will.