Does a will filed with a notary public have any legal significance?

Question

The reason I ask is that a senior citizen a used to live with is being conned by her own daughter. I'll spare you the long story, but the gist of it is, she took her mother's "new will" to a notary public and not her attorney. If it is in conflict with the attorney's copy of the original will, what happens?
(P.S. I know laws vary from state to state. This is happening in Virginia)

Answer 1

The latest "will" , registered or unregistered will supersede the earlier one.

Answer 2

One must be very careful with wills. Some states require more than one witness, and that the multiple witnesses sign at the same time, and that those signatures be notarized.

However, if all the signatures that are required by your state's laws (in this case, Virginia's) are complied with, the most recent will is the one that will be effective, whether it is filed with an attorney, a notary, or not at all.

To be precise: it doesn't matter whether the will is filed, it matters that it is authentic, and the last wishes of the person who wrote it, so long as it is properly signed.

Answer 3

Notaries write wills in civil law countries not in common law countries. (A notary might certify the attestation of witnesses; and Louisiana, and perhaps Puerto Rico -- I haven't checked -- is somewhat different from other states in this respect). A notary who took part in this charade would be practicing law without a license and could be prosecuted.

AFAIK aside from Louisiana (and leaving aside Puerto Rico) no state requires notarization of a will. Notarizing (attesting) by the witnesses avoids the need for later attestation in New York when and if the will is probated there.

A will may be filed with the probate court in some jurisdictions (England among them). Only the original will counts unless it has been accidentally destroyed (and that has to be proved). Lawyers generally try to keep the original both for practical reasons and to put them in a good position to handle the estate later.

A subsequent will, if valid, cancels an earlier one. If the subsequent will is void because improperly signed and witnessed or for duress or fraud, it may or may not cancel the old one. If there is no valid will, the estate passes according to law in intestacy.

Answer 4

The notary just witnesses it and dates it officially. The will with the later date would be considered the last Will & Testament in most states.. in many places you do not need an attorney to file a will.

Answer 5

I always thought that a notary public is a professional witness, not a public filing service. Regardless - call the local probate court and ask them. In my state, wills can be filed with the probate court. For a fee, they will hold them safe and secure until they are needed.

Answer 6

The most important question of the day is whether or not the person who made the will is still alive. If so, she can void the new will by making another one. If she has passed away, the legal significance of the second will must be determined by a judge under Virginia law.

Answer 7

A will must be signed in front of a notary public who will then affix her seal. After the woman dies, all her daughter has to do is file the new will which will supercede all other wills, unless you can prove the woman did not sign in front of the notary.

Answer 8

The most recent will is the legal one, it supersedes prior ones. If for some reason you believe she is being taken advantage of, then talk to her or if there are other children being harmed, talk to them.
I wonder, were you in the first will, and now are left out??????