![]() ![]() Then it needs to be signed by two witnesses who actually witnessed the testator signing the will. That will has to be in writing, signed by the person adopting the will called the testator, or signed by someone at the direction of the testator. There are three different types of wills that are recognized in Arizona. Those are the basic requirements in order to have a valid will. The will has to be in writing and has to be signed. They can’t be acting under undue influence. Obviously, they have to be of sound mind or have what’s called testamentary capacity. ![]() First of all, the person has to be 18 years of age or older. ![]() I’ll explain in this video some of the basic requirements that need to be met in order to adopt a valid will. It’s a creature of statute, which means that in order to adopt a valid will, the person has to strictly comply with all the legal requirements. Sometimes people wonder, what does it take to sign a valid will, or adopt a valid will in Arizona? Adopting a will is not a fundamental legal right. I’m an attorney at the Scottsdale, Arizona law firm of Berk Law Group, where we handle estate, probate, trusts, and other types of matters here in Arizona. Under your lawyer’s guidance, often you can craft a document that states your concerns and allegations without risking a possible serious legal battle over whether you committed perjury.Hi, I’m Kent Berk. Instead, there are ways to word things regarding uncertain allegations in order to protect yourself from being accused of committing perjury. There can be serious criminal and civil consequences to committing perjury, as you probably know. If you are not sure about whether something is true or not, do NOT sign a document in which you state under penalty of perjury that it is factually true. Before you sign any document, review it carefully to make sure that everything is factually accurate and truthful. Nevertheless, the documents that must be signed under oath – even if not notarized – must be taken very seriously. Now the client instead just signs most of the documents at home (if he so chooses) and mails them to the attorney’s office, saving time and money. In the past, the client would need to go to the attorney’s office to sign many documents before a notary, which was time-consuming and inefficient. The adoption of this exception to the notarization of documents has reduced the hassle of obtaining a notary for the many documents in the Arizona family court that must be made under oath. There are some other, less common documents that must be notarized in family court cases in Arizona.Īlso, there are numerous documents that need not be notarized but must be signed as an “unsworn declaration under penalty of perjury.” The court requires the following general format for such “unsworn declaration under penalty of perjury:” “I declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct.
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