Monday, June 8, 2015

Caution when amending Estate Planning Documents

Each estate planning document has statutory requirements as to whether one or two witnesses are needed or if a notarized signature is required. These requirements create authenticity and a comfort level so that they can be enforced and followed by courts, financial institutions and health care providers. If someone marks out provisions or writes on a document without following the statutory requirements, confusion results. If there is confusion, the likelihood is your desires will not be followed. Therefore, if you have a change to your documents, consult an attorney. Then, in addition to following the statutory requirements, you have an independent witness to your intent.