Which is more legally binding a Will or a notarized statement?
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Which is more legally binding a Will or a notarized statement?
Asked on December 31, 2011 under Estate Planning, Alabama
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This question is difficult to give guidance on with out knowing more about the facts of this matter. And with out seeing the documents involved. Wills distribute property of a decedent in the manner in which thy choose. A notarized statement can be "construed" to be a Will or a Codicil (amendment to a Will) depending on the circumstances involved as well as the wording of the document. What is given deference in wither situation is the intention of the person who signed both - the testator - but the facts surrounding the matter are important. Now, there can be situations where a Will leaves a piece of property to some one but then the testator subsequently sells the property and transfers it by a deed (notarized). The property would then be non existent when the testator passes - i.e., not part of his estate - so the person inheriting it wold be out of luck. Get help from someone in your area. Good luck.
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