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Can I Notarize A Living Will If My Spouse Is A Witness?

New Hotline Resized 3Can I notarize a living will that my spouse is signing as a witness?
— A.W., Wisconsin

Wisconsin law does not prohibit a Notary from notarizing the signatures of a spouse or relatives. However, the Notary Public information booklet published by the state cautions that if a document is questioned for any cause, the notarial act could be scrutinized more closely than if the Notary were not a spouse or relative. 

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

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3 Comments

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Gerry

12 Feb 2019

It's hard to provide a good answer without knowing the relationship of the notary's spouse to the signer of the living will, and whether the notary is notarizing the signature of the living will signer, the spouse, or both. A poor question to be putting on the NNA main web page.

Judy Hayes

18 Feb 2019

I believe that as long as the Notary is not related to the person signing the Living Will or any person named in the Living Will, then the Notary can notarize the instrument. The Notary will be notarizing the signature of the person signing the Living Will, not notarizing the signatures of the witnesses. In Florida, however, that would be different on a Last Will and Testament that is a self-proving document. In that case, the notary would be notarizing the Testatrix/Testator's signature as well as the witnesses who are attesting to the Last Will and Testament.

National Notary Association

19 Feb 2019

Hello. Rules regarding Notaries notarizing the signature of a spouse or family member can vary depending on the state. For more information, please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2015/03/beyond-basics-disqualifying-interest

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