Legal Question in Wills and Trusts in Missouri

First of all, I want to thank each attorney for taking time to answer questions by us laymen.

My brother in law recently passed. He printed a LW&T from the internet and signed it in front of a notary. However, he had NO WITNESSES.

Will this LW&T be thrown out in Probate? What if NO ONE contests to the validation of this LW&T? Does the Notary have to come forward to verify that he/she notarized it?


Asked on 4/01/10, 1:47 pm

2 Answers from Attorneys

Richard Herndon Richard J. Herndon, Attorney at Law

Missouri law requires two witnesses -- the notary is optional. In this case the Notary would perhaps be considered as a witness, but one isn't going to get it. It simply won't be admitted in all likelihood.

Assuming there are probate assets they will pass via intestate succession.

Feel free to email is you have other questions - [email protected]

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Answered on 4/06/10, 2:08 pm
Michael R. Nack Michael R. Nack, Attorney at Law

I am sorry for your loss. The form from the Internet is not a Last Will and Testament under Missouri law, which has a number of requirements concerning the proper signature, affirmation, and witnessing of the document. This is yet anohter example of how much harm can be done by innocent people like your brother in law attempting to do something without an attorney when using an attorney would have been the wisest thing to do. Many non-lawyer businesses, websites, and even our own Supreme Court provide "forms" for people to fill in, thus leading those people to believe that they will obtain the legal results they desire. I firmly believe that this state of affairs will cause much more harm, waste, and expense for people who in all likelihood would hire an attorney if it were not for the availability of such "forms". Your spouse or some other family member of the deceased should consult with an attorney now for assistance in handling the estate of your brother in law.

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Answered on 4/06/10, 8:19 pm


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