If a will is presented without accompanying instructions and a notarial certificate, what should the notary advise the signer to do?

When a will is presented to a notary without accompanying instructions and a notarial certificate, the most prudent course of action is for the notary to advise the signer to contact an attorney. This guidance is rooted in the understanding that wills are legal documents with significant implications for the distribution of an individual’s estate after death.

Notaries are not authorized to provide legal advice or interpret legal documents; their role is to witness the signing of documents and ensure that certain formalities are adhered to. The absence of instructions and a proper notarial certificate raises concerns about the validity and legality of the will. By directing the signer to consult an attorney, the notary is ensuring that the signer receives appropriate legal guidance, which can address any specific questions or issues related to the will’s content, validity, and the necessary processes required for execution and eventual probate.

This approach promotes safeguarding the rights of the signer and ensures compliance with legal standards, which is essential when dealing with such important documents. Other options, such as signing the will anyway, making changes without legal counsel, or waiting to notarize, do not provide the signer with the necessary support and could lead to complications in the will's validity or enforceability.