THE PUBLIC LAW STATUS OF A NOTARY AS THE BASIS FOR THE PRESUMPTION OF AUTHENTICITY OF A NOTARIZED WILL

The article examines the issues surrounding challenges to notarized wills on the grounds of an alleged defect of the testator's will. Particular attention is paid to the evidentiary value of a notarized will. The paper substantiates the necessity of establishing, within judicial and law enforcement practice, a presumption of reliability of notarized expressions of intent. Special emphasis is placed on the public-law status of the notary as a person ensuring the recording and protection of the testator's last will and testament. It is concluded that challenges to notarized wills should be exceptional in nature and permissible only where suffi cient and consistent evidence exists confi rming the existence of a defect of will at the time of the notarial act.