A will prepared from a downloaded form, signed by testator with two witnesses, no self-proving affidavit: is the will validly executed?

• A. The will is validly executed.
• B. The will must be notarized to be valid.
• C. The will is invalid because witnesses did not sign in presence.
• D. The will is invalid because not notarized in all cases.

Answer: (D)

The main concept here is how a will is validly executed. A will can be valid if the testator signs it and two witnesses attest in the testator’s presence, showing testamentary intent and capacity. A downloaded form can be perfectly acceptable as long as these execution requirements are satisfied. Notarization is not universally required for validity in many jurisdictions; a self-proving affidavit is optional and mainly helps probate by simplifying evidence of execution, not by making a will valid. So, lacking a self-proving affidavit or a notarization does not automatically render the will invalid, provided the testator signed the will and two witnesses signed in the testator’s presence (and the testator had the requisite capacity and intent).