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QUESTION:

May a notary public before whom a will is acknowledged also be a witness to the will and administer an oath to himself, under Ch. 73-8, Laws of Florida (s. 731.071, F.S.)?

SUMMARY:

A notary public before whom a will is acknowledged and sworn to, or self-proved, pursuant to Ch. 73-8, Laws of Florida, cannot also serve as a witness to the will, because he is without authority to administer an oath to himself.

Chapter 73-8, Laws of Florida, creates s. 731.071, F.S., which provides that a will may be made "self-proved" by the acknowledgment of the testator and the affidavits of the…