Legal Question in Wills and Trusts in Virginia

If I have the sheriff's office of Arlington County Virginia notarize a document and attach this to my estate planning documents, would this be more legally binding, more legally enforceable? Would it hold up in court if contested by a beneficiary? or should I ask my estate lawyer to notarize this? Which is better?

The document states that if ones shares are not distributed to a beneficiary every month, then criminal charges or prosecution would take place.

Please let me know-going to the sheriffs office, I believe would be stronger and more enforceable.

Please let me know whether my estate lawyer (can my estate lawyer enforce this) or the sheriffs office should notarize this document? Thank you so much for your help.


Asked on 8/29/15, 1:16 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, merely because a sheriff's office notarizes a particular document in no way

confers upon this document any greater enforceability as to its terms or legal effect than

it would otherwise have if done by any other notary who is legally authorized to perform

this service which amounts essentially to witnessing and thereby attesting to the validity

of the signature being affixed to this document.(My opinion)

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Answered on 8/31/15, 10:23 am


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