Notarizations, Notary Public and Commissioner for Oaths Services
|
Trusted Notary Public and Commissioner for OathsAs a Notary Public and a Commissioner for Oath, we provide a wide variety of services including notarizations, notarial certificates, out of office signing agent services, notarial witness services, and administer oaths, affirmations and declarations both Notary Public and Commissioner for Oath services.
For more information scroll down or click the quick link for information on the legal services we provide.
|
We strive to be open and straightforward about our fees and fee estimates, and provide several options to get our fees information for our Notary Public and Commissioner for Oaths Services.
|
Information about the Notary Public and Commissioner for Oaths Services we can provide including a listing of documentation we may be able to assist you with.
|
FAQs including what Notaries and Commissioners do, the difference between them, notarized copies, authentications and legalizations, and notarizing domestic contracts or estate planning documents.
|
Trusted Experience. Trusted Advice. Trusted Service.
Our Awards, Reviews, and Recognition
We have been recognized for our proficiency in Commercial Law advice and services by Advisory Excellence.
|
We have been recognized as a Leader in Law for our proficiency in Commercial Law legal advice and services, and are recipients of a Commercial Law Lawyer of the Year award.
|
We are recognized as a Global Law Expert's member for Commercial Law and Business Law, and are recipients of a Real Estate Law Experts of the Year award and a Commercial Law Experts of the Year award.
|
Questions? Contact Us
Click on the icons to contact us or for our contact information.
We are Located at Suite 220-5540 Windermere Boulevard NW, Edmonton, Alberta T6W2Z8
which is conveniently located in Windermere South West Edmonton, with easy access from Anthony Henday Drive, Whitemud Drive, Terwillegar Drive with free on site parking.
We are Located at Suite 220-5540 Windermere Boulevard NW, Edmonton, Alberta T6W2Z8
which is conveniently located in Windermere South West Edmonton, with easy access from Anthony Henday Drive, Whitemud Drive, Terwillegar Drive with free on site parking.
Services Information - Notary Public and Commissioner for Oaths Services
We provide the following notarization, Notary Public and Commissioner for Oaths Services so please click on the links our Services Information below which provides detailed information on the following services we provide:
Frequently Asked Questions about Notary Publics and Commissions for Oaths
As an Edmonton law firm with a diverse group of clients, we know that your circumstances unique and that your time is important so contact us or please click on the links for our Frequently Asked Questions below which provides detailed information on some the following questions:
- How much are the fees for notarizations, notary public and commissioner for oaths services?
- What does a Notary Public and Commissioner for Oaths do?
- What is the difference between and Notary Public and Commissioner for Oaths?
- Why do I need to see a Lawyer for a Personal Guarantee and why can't I see a Notary Public?
- What is a notarial certificate or a notarized copy?
- What is authentication, legalization and consularization?
- Can you Notarize or be a Notary Witness for a Domestic Contract? [Separation Agreements, Family Law Minutes of Settlement, Cohabitation Agreements, Pre-Nuptial Agreements, Post-Nuptial Agreements, Family Law Property Agreements etc.]
- Can you Notarize or be a Notarial Witness to my Will, Personal Directive and Enduring Power of Attorney?
Notarizations - Oaths, Affirmations and Declarations
As a Notary Public or as a Commissioner for Oaths we administer oaths, affirmations, declarations on a wide variety of legal documents including the following:
* Affidavits, Declarations - Applications (Employment, Professionals) - Proof of Loss (Insurance: (Vehicle, Home, Commercial, Life etc.) - Statutory Declarations (Insurance, Pensions, Professionals, Investment, Builder's Liens etc.) - Government Declarations and Affidavits (Custodian Declarations for Minors Studying in Canada, Citizenship, Common-Law, Marriage, Birth Certificates + Amendments, Marriage Certificates + Amendments etc.)
Notarizations - Notary Public Signing and Notary Witness
As a Notary Public or as a Commissioner for Oaths we can confirm and certify signing and execution of legal documents including the following:
* Travel Consents - Invitation Letters - Visa Application Letters + Commitments - Contracts (Agreements, Acknowledgements, Indentures, Letters etc.)
Notarized Copies and Notarial Certificates
* Notarized Copies of: Identification (Driver's Licenses, Bank Cards, Birth Certificate, Passports etc.) - Documents (Marriage Certificates, Death Certificate, Statement of Death, Degrees, Diplomas, Professional Designations, Transcripts, Wills, Leases, Contracts, Corporate Documents etc.)
As a Notary Public we can provide certify and attest a true copy of an original document provided to us.
Out of Office Signing Agent
We can act as an out of office signing agent to certify the identity of an individual including certifying copies of an individual's form of identification, certifying an individual's likeness to photographs on identification, and/or attending to signing of documents prepared by and supplied by your legal representation from another jurisdiction.
Authentication, Legalization and Consulatization
We can assist in the authentication of our signatures and seals a Notary Publics, as well as the legalization and consultation of the authentication you may require.
How much are the fees for notarizations, notary public and commissioner for oaths services?
|
Click on the icon for information our online account estimates for notarizations, notary public witness, oaths, affirmations, declarations, notarial certificates, notarized copies, personal guarantee guarantee acknowledgement act certificates, and commissioner for oaths and notary public services. |
What does a Notary Public and Commissioner for Oaths do?
Notaries Public and Commissioners for Oaths fulfill an important function in our society and fulfilling their duties requires more than just signing documents.
So, Notaries and Commissioners generally do as follows:
Sworn or solemnly affirmed affidavits, statutory declarations, and notarial certificates and certifications play an important role in the functioning of not only our legal system but our society at large.
Administering oaths, affirmations and declarations plays an important role in ensuring that the truth, the whole truth and nothing but the truth is provided in a variety of contexts where it is important that the truth be told and that a party that fails to provide the truth faces legal consequences for doing so including and an almost limitless number of circumstances, transactions and areas of the law that this arises.
Notaries Publics also provide a large variety of certificates that have a certain legal effect depending upon the context [see the comment upon Notarial Certificates and Guarantee Acknowledgement Act Certificates below].
Being a Notary Public and Commissioner for Oaths is more than just signing from time to time.
Notaries Publics and Commissioners for Oaths are governed by the Notaries and Commissioners Act, S.A. 2013, c. N-5.5 and its regulations [the “Act”] which:
The Act specifies a code of conduct and complaints process for respecting non-lawyers acting as notaries and commissioners. The code of conduct and complaints process may be of importance when dealing with non-lawyer notaries and commissioners that are not subject to the Law Society of Alberta’s code of conduct and complaints process as Lawyers are.
The code of conduct for notaries and commissioners is similar, and very importantly prohibits commissioners and notaries from the following:
This is important because while these obligations are not new for Lawyers, it imposes the same obligations upon all notaries and commissioners [lawyer and non-lawyer alike] NOT to notarize or commission a document without inquiry and satisfying their obligations under the code of conduct.
If the notary or commissioner cannot satisfy their obligations under the code of conduct, then they cannot notarize or commission the document as they are obligated to ensure that in exercising this office they are not involved in certain mischief outlined in the code of conduct, and in particular mischief that has arisen with improper legal proceedings as described Meads v Meads, 2012 ABQB 571.
The Meads case is noteworthy, because Justice Rooke outlines in detail the mischief that can arise from the improper legal proceedings and misuse of the Court's resources, and perhaps provides the context through which the obligations of lawyers and now non-lawyers commissioners and notaries to avoid being involved in such mischief are to be considered.
So, Notaries and Commissioners generally do as follows:
- administering oaths and take affidavits, affirmations or declarations;
- attesting oaths, affidavits, affirmations or declarations;
- certifying and attesting true copies of documents [Notary Public only];
- witnessing or certifying and attesting the execution of deeds, contacts and commercial instruments as Notary Publics [Notary Publics only] ; and
- issuing a certificate under the Guarantee Acknowledgement Act [Notary Public only]; and
- Authentication and legalization of their signatures and seals.
Sworn or solemnly affirmed affidavits, statutory declarations, and notarial certificates and certifications play an important role in the functioning of not only our legal system but our society at large.
Administering oaths, affirmations and declarations plays an important role in ensuring that the truth, the whole truth and nothing but the truth is provided in a variety of contexts where it is important that the truth be told and that a party that fails to provide the truth faces legal consequences for doing so including and an almost limitless number of circumstances, transactions and areas of the law that this arises.
Notaries Publics also provide a large variety of certificates that have a certain legal effect depending upon the context [see the comment upon Notarial Certificates and Guarantee Acknowledgement Act Certificates below].
Being a Notary Public and Commissioner for Oaths is more than just signing from time to time.
Notaries Publics and Commissioners for Oaths are governed by the Notaries and Commissioners Act, S.A. 2013, c. N-5.5 and its regulations [the “Act”] which:
- Sets forth a Code of Conduct for all Notaries Publics and Commissioners for Oath;
- Sets out the procedures for exercising powers as a Notary Public or Commissioner for Oath.
The Act specifies a code of conduct and complaints process for respecting non-lawyers acting as notaries and commissioners. The code of conduct and complaints process may be of importance when dealing with non-lawyer notaries and commissioners that are not subject to the Law Society of Alberta’s code of conduct and complaints process as Lawyers are.
The code of conduct for notaries and commissioners is similar, and very importantly prohibits commissioners and notaries from the following:
- mislead or attempt to mislead anyone in the discharge of the notary public’s / commissioner’s responsibilities;
- notarize / commission or participate in the preparation or delivery of any document that is false, incomplete, misleading, deceptive or fraudulent;
- notarize / commission or participate in the preparation or delivery of any document that
- has the appearance of being validly issued by a court or other legitimate authority but is not,
- is intended to or has the effect of deceiving any person, or
- is otherwise lacking valid legal effect.
This is important because while these obligations are not new for Lawyers, it imposes the same obligations upon all notaries and commissioners [lawyer and non-lawyer alike] NOT to notarize or commission a document without inquiry and satisfying their obligations under the code of conduct.
If the notary or commissioner cannot satisfy their obligations under the code of conduct, then they cannot notarize or commission the document as they are obligated to ensure that in exercising this office they are not involved in certain mischief outlined in the code of conduct, and in particular mischief that has arisen with improper legal proceedings as described Meads v Meads, 2012 ABQB 571.
The Meads case is noteworthy, because Justice Rooke outlines in detail the mischief that can arise from the improper legal proceedings and misuse of the Court's resources, and perhaps provides the context through which the obligations of lawyers and now non-lawyers commissioners and notaries to avoid being involved in such mischief are to be considered.
What is the difference between a Notary Public and a Commissioner for Oaths?
A Notary Public has all the powers of a Commissioner for Oaths, however a Commissioner for Oaths does NOT have all the powers of a Notary Public.
Also when a document is intended to be used outside of Alberta, the law in that jurisdiction must be followed and while other jurisdictions will have different formalities very often other jurisdictions require that the documents be completed by a Notary Public rather than a Commissioner for Oaths.
Also when a document is intended to be used outside of Alberta, the law in that jurisdiction must be followed and while other jurisdictions will have different formalities very often other jurisdictions require that the documents be completed by a Notary Public rather than a Commissioner for Oaths.
Why do I need to see a Lawyer for a Personal Guarantee and why can't I see a Notary Public?
The Guarantees Acknowledgement Act, R.S.A. 2000, G-11 and its regulations to require any individual providing a personal guarantee to appear before a lawyer to:
The Certificate required by the Guarantee Acknowledgement Act must be signed before a lawyer.
The Guarantee Acknowledgement Act was changed effective April 30, 2015 to provide that Notary Publics could no longer sign the Guarantees Acknowledgement Act Certificate expressly requiring a lawyer to do so.
The lawyer is obligated by the Guarantees Acknowledgement Act and its regulations to satisfy him or herself that guarantor is aware of the contents and understands it and provide a certificate evidencing the same both in accordance with the Guarantees Acknowledgement Act, but also in accordance with his or hers professional obligations as a Member of the Law Society of Alberta.
The lawyer is then required to issue the Guarantees Acknowledgement Act Certificate in the form required by the Act and its regulations and attach it to the guarantee [s. 4].
The Lawyer's Guarantee Acknowledgement Act Certificate may then be admitted into evidence and be conclusive that the Act and been complied with [s. 5].
The consequences for failing to comply with the requirements of the Guarantee Acknowledgement Act are significant, as the Act states that "no guarantee has any effect" unless the requirements are satisfied [s. 3] which may result in the Guarantee being unenforceable.
- Acknowledge executing the guarantee;
- Confirm that the individual is aware of the contents of the guarantee and understands it;
- Sign the certificate before the lawyer.
The Certificate required by the Guarantee Acknowledgement Act must be signed before a lawyer.
The Guarantee Acknowledgement Act was changed effective April 30, 2015 to provide that Notary Publics could no longer sign the Guarantees Acknowledgement Act Certificate expressly requiring a lawyer to do so.
The lawyer is obligated by the Guarantees Acknowledgement Act and its regulations to satisfy him or herself that guarantor is aware of the contents and understands it and provide a certificate evidencing the same both in accordance with the Guarantees Acknowledgement Act, but also in accordance with his or hers professional obligations as a Member of the Law Society of Alberta.
The lawyer is then required to issue the Guarantees Acknowledgement Act Certificate in the form required by the Act and its regulations and attach it to the guarantee [s. 4].
The Lawyer's Guarantee Acknowledgement Act Certificate may then be admitted into evidence and be conclusive that the Act and been complied with [s. 5].
The consequences for failing to comply with the requirements of the Guarantee Acknowledgement Act are significant, as the Act states that "no guarantee has any effect" unless the requirements are satisfied [s. 3] which may result in the Guarantee being unenforceable.
What is a Notarial Certificate or Notarized Copy of a document?
Notary Publics can certify and attest to a variety of matters.
The Notaries and Commissioners Act, S.A. 2013, c. N-5.5 empowers Notary Publics to do as follows:
A Notarial Certificate [Notarized Copy] often references a Notary Public certifying and attesting a true copy of a document OR certifying and attesting to the signing of a document.
The Notaries and Commissioners Act also provides that a Notarial Certificate o a lawyer may be used and recognized in Alberta, elsewhere in Canada and internationally [ss. 4(3)].
The Notaries and Commissioners Act, S.A. 2013, c. N-5.5 empowers Notary Publics to do as follows:
- administer oaths or take affidavits, affirmations or declarations and attest the oaths, affidavits, affirmations or declarations;
- certify and attest a true copy of a document, and
- witness or certify and attest the execution of a document.
A Notarial Certificate [Notarized Copy] often references a Notary Public certifying and attesting a true copy of a document OR certifying and attesting to the signing of a document.
The Notaries and Commissioners Act also provides that a Notarial Certificate o a lawyer may be used and recognized in Alberta, elsewhere in Canada and internationally [ss. 4(3)].
What is authentication, legalization and consularization?
Whether authentication and legalization [consularization] is required will largely depend upon jurisdiction where the document is intended to be used and for what use that document is being put to.
If authentication is required, then a document that is notarized by a Notary Public in Alberta is sent to the Deputy Provincial Secretary's Office [who holds the official records of Notaries Public, their signatures and seals] to obtain a certificate authenticating the appointment, signature and seal of the Notary Public.
After authentication is obtained, then the document can be further legalized or consularized wherein the consul office of the jurisdiction where the document is intended to be use will authenticate that the the Deputy Provincial Secretary's Office is recognized by that jurisdiction to authenticate the appointment, signature and seal of the Notaries Public whom signed the document.
If authentication is required, then a document that is notarized by a Notary Public in Alberta is sent to the Deputy Provincial Secretary's Office [who holds the official records of Notaries Public, their signatures and seals] to obtain a certificate authenticating the appointment, signature and seal of the Notary Public.
After authentication is obtained, then the document can be further legalized or consularized wherein the consul office of the jurisdiction where the document is intended to be use will authenticate that the the Deputy Provincial Secretary's Office is recognized by that jurisdiction to authenticate the appointment, signature and seal of the Notaries Public whom signed the document.
Can you Notarize or be a Notary Witness for a Domestic Contract?
[Notarizing or Notary Witness to Separation Agreements, Family Law Minutes of Settlement, Cohabitation Agreements, Pre-Nuptial Agreements, Post-Nuptial Agreements, Family Law Property Agreements etc.]
Domestic Contracts Legal Services
We can provide legal services respecting domestic contracts [Separation Agreements, Minutes of Settlement, Cohabitation Agreement, Pre-Nuptial Agreements etc.].
You can contact us for your free no obligation initial telephone consultation.
“Notarizing” Domestic Contracts
Understandably parties may want to limit their fees by attempting to limit a Lawyer to “notarizing” or just attending to a party signing domestic contracts, but a Lawyer's role a Lawyer's responsibility may not be limited.
There are substantial legal and ethical obligations imposed upon Lawyers for their roles in domestic contracts that go beyond "notarizing" or just attending to a party signing domestic contracts.
Lawyers may face substantial personal liability if they don’t satisfy their substantial legal and ethical obligations.
Lawyer’s Obligations and Liability for Domestic Contracts Beyond “Notarizing”
There are many instances where Lawyers have faced such personal liability, and indeed in the Alberta Court of Appeal case Webb v. Birkett, 2011 ABCA 13 the Court found a lawyer negligent [and liable] for failing to provide proper and complete legal advice while attending to signing a domestic contract [“notarizing”], and the Court clarifies that there are requirements and steps [see paragraph 54] that a Lawyer “remains obliged to take” including the following:
The obligations set out in Webb v. Birkett are NOT all of the substantial obligations [and potential liability] of a Lawyer in providing legal services for a domestic contracts as there are a multitude of other obligations and requirements a Lawyer must satisfy in providing legal services.
So, often in seeking the “notarizing” or attending to signing by a Lawyer what a Lawyer may be legally and ethically required to do is address legal requirements for the domestic contract and act [or at least appear to be acting] as a legal representative ensuring that:
Balancing of Competing Issues: Ensuring Justice v. Access to Justice
There are competing issues of ensuring recognizing the uniquely difficult and vulnerable context and potential vulnerability of the parties, and that ensuring that there is proper access to justice.
If justice isn't accessible [access to the courts, legal representation etc.], then there will we be injustice, because because of the fundamental role our justice system occupies in our civilized society in preserving rights, obligations and providing a dispute resolution mechanism for the orderly and proper functioning of our society.
A properly functioning justice system must also balance the access to justice with ensuring that there is justice done, and due process and fairness is upheld in its system, and the domestic contract context that includes considering the unique circumstances.
Domestic contracts arise in circumstances where parties are in a very uniquely difficult and vulnerable context, and persuasive, logical and reasonable grounds to ensure that for the enforceability of the domestic contract that the case law in this area sets out valid reasons to ensure that the process of resolving the breakdown is as much as possible free from exploitation [psychological, informational etc.] of a vulnerable party.
Further if children are involved, they as well are uniquely vulnerable and reliant upon the parties, and so the parties, Court and Lawyers involved must consider the bests interests of the children.
This imposes obligations upon the parties involved and their Lawyers.
We can provide legal services respecting domestic contracts [Separation Agreements, Minutes of Settlement, Cohabitation Agreement, Pre-Nuptial Agreements etc.].
You can contact us for your free no obligation initial telephone consultation.
“Notarizing” Domestic Contracts
Understandably parties may want to limit their fees by attempting to limit a Lawyer to “notarizing” or just attending to a party signing domestic contracts, but a Lawyer's role a Lawyer's responsibility may not be limited.
There are substantial legal and ethical obligations imposed upon Lawyers for their roles in domestic contracts that go beyond "notarizing" or just attending to a party signing domestic contracts.
Lawyers may face substantial personal liability if they don’t satisfy their substantial legal and ethical obligations.
Lawyer’s Obligations and Liability for Domestic Contracts Beyond “Notarizing”
There are many instances where Lawyers have faced such personal liability, and indeed in the Alberta Court of Appeal case Webb v. Birkett, 2011 ABCA 13 the Court found a lawyer negligent [and liable] for failing to provide proper and complete legal advice while attending to signing a domestic contract [“notarizing”], and the Court clarifies that there are requirements and steps [see paragraph 54] that a Lawyer “remains obliged to take” including the following:
- "(a) To obtain sufficient reliable information to be able to ascertain what the client would likely receive or be required to pay for spousal support, child support and matrimonial property division should the matter be resolved at trial, and to so advise the client;
- (b) To give the client a description of options to any proposed settlement, an opinion on whether any proposed settlement is reasonable, and a discussion of the pros and cons of that settlement in comparison to the other options so that any decision to settle is an informed decision; and
- (c) To tell a client who takes the position that he or she wants to settle without having received full information from the other side that they may therefore be accepting less or paying more than what would be required according to law, and to provide to that client an assessment of the impact of the risk, including estimates of the value of what might be lost or paid above what was necessary, to the extent possible, on the basis of the information then available. A prudent solicitor would put this advice in writing to avoid later allegations of misunderstanding."
The obligations set out in Webb v. Birkett are NOT all of the substantial obligations [and potential liability] of a Lawyer in providing legal services for a domestic contracts as there are a multitude of other obligations and requirements a Lawyer must satisfy in providing legal services.
So, often in seeking the “notarizing” or attending to signing by a Lawyer what a Lawyer may be legally and ethically required to do is address legal requirements for the domestic contract and act [or at least appear to be acting] as a legal representative ensuring that:
- the domestic contract is properly executed; and/or
- there is independent legal advice has been provided to the party signing in front of the Lawyer; and/or
- the Matrimonial Property Act, including section 38 which expressly states a domestic contract is enforceable if each party has acknowledged before their own Lawyer [NOT A NOTARY PUBLICY] that:
- that the spouse or person is aware of the nature and the effect of the agreement,
- that the spouse or person is aware of the possible future claims to property the spouse or person may have under this Act and that the spouse or person intends to give up these claims to the extent necessary to give effect to the agreement, and
- that the spouse or person is executing the agreement freely and voluntarily without any compulsion on the part of the other spouse or person;
- complies with other statutory, common-law and equitable requirements for domestic contracts that apply to married and non-married partners,
Balancing of Competing Issues: Ensuring Justice v. Access to Justice
There are competing issues of ensuring recognizing the uniquely difficult and vulnerable context and potential vulnerability of the parties, and that ensuring that there is proper access to justice.
If justice isn't accessible [access to the courts, legal representation etc.], then there will we be injustice, because because of the fundamental role our justice system occupies in our civilized society in preserving rights, obligations and providing a dispute resolution mechanism for the orderly and proper functioning of our society.
A properly functioning justice system must also balance the access to justice with ensuring that there is justice done, and due process and fairness is upheld in its system, and the domestic contract context that includes considering the unique circumstances.
Domestic contracts arise in circumstances where parties are in a very uniquely difficult and vulnerable context, and persuasive, logical and reasonable grounds to ensure that for the enforceability of the domestic contract that the case law in this area sets out valid reasons to ensure that the process of resolving the breakdown is as much as possible free from exploitation [psychological, informational etc.] of a vulnerable party.
Further if children are involved, they as well are uniquely vulnerable and reliant upon the parties, and so the parties, Court and Lawyers involved must consider the bests interests of the children.
This imposes obligations upon the parties involved and their Lawyers.
Can you Notarize or be a Notary Witness to my Will, Enduring Power of Attorney, and/or Personal Directive?
We can provide legal services respecting estate planning and incapacity planning.
You can contact us for your free no obligation initial telephone consultation or obtain an online estimate for our services.
“Notarizing” Wills, Enduring Powers of Attorneys and Personal Directives.
Understandably parties may want to limit their fees by attempting to limit a Lawyer to “notarizing” a Will, Personal Directive and/or Enduring Power of Attorney prepared with a Wills Kit, Online, or elsewhere and just have the Lawyer attend to a party signing the Will.
We are frequently asked to do so, as we are informed that the various Wills Kit and Online Wills service strongly recommend that the the documents they prepare or assist in preparing be signed in front of a Lawyer.
There are substantial legal and ethical obligations imposed upon Lawyers for their roles in wills, enduring powers of attorney and personal directives that go beyond "notarizing" or just attending to a party signing the will.
Lawyers may face substantial personal liability if they don’t satisfy their substantial legal and ethical obligations.
The responsibility resulting liability for a lawyer may not be limited to that of a Notary Public even if the Lawyer tries to limit their role to as a Notary Public that is "Notarizing" a Will, Enduring Power of Attorney or Personal Directive is sought.
So, it of course understandable that a Wills Kit or Online Wills service would strongly recommend that the documentation they prepared be signed in front of a Lawyer, however, we cannot and do not do so for ethical and professional liability reasons, because whether it is a Will, General Power of Attorney, Enduring Power of Attorney or Personal Directive there are significant obligations upon Lawyers to address whether:
In some circumstances we can notarize or act as a Notary Witness to Special Powers of Attorney or Specific Powers of Attorney prepared by Legal Counsel in other jurisdictions, or attend to execution as an out of office agent for Legal Counsel for documentation prepared in another jurisdiction, because the foregoing concerns would and should be addressed by the Legal Counsel in the jurisdiction in respect of which the documentation pertains.
Please contact us if you have any questions or comments.
You can contact us for your free no obligation initial telephone consultation or obtain an online estimate for our services.
“Notarizing” Wills, Enduring Powers of Attorneys and Personal Directives.
Understandably parties may want to limit their fees by attempting to limit a Lawyer to “notarizing” a Will, Personal Directive and/or Enduring Power of Attorney prepared with a Wills Kit, Online, or elsewhere and just have the Lawyer attend to a party signing the Will.
We are frequently asked to do so, as we are informed that the various Wills Kit and Online Wills service strongly recommend that the the documents they prepare or assist in preparing be signed in front of a Lawyer.
There are substantial legal and ethical obligations imposed upon Lawyers for their roles in wills, enduring powers of attorney and personal directives that go beyond "notarizing" or just attending to a party signing the will.
Lawyers may face substantial personal liability if they don’t satisfy their substantial legal and ethical obligations.
The responsibility resulting liability for a lawyer may not be limited to that of a Notary Public even if the Lawyer tries to limit their role to as a Notary Public that is "Notarizing" a Will, Enduring Power of Attorney or Personal Directive is sought.
So, it of course understandable that a Wills Kit or Online Wills service would strongly recommend that the documentation they prepared be signed in front of a Lawyer, however, we cannot and do not do so for ethical and professional liability reasons, because whether it is a Will, General Power of Attorney, Enduring Power of Attorney or Personal Directive there are significant obligations upon Lawyers to address whether:
- the document properly represents the instructions, wishes and intent of the party signing the document; and
- there is no undue influence and the party signing it is providing it freely and voluntarily, particularly as the elderly can be very vulnerable to undue influence and elder abuse amplified by the severity of the mischief arising from the documents signed in such circumstances; and
- the party signing the document had capacity [competency] to sign the document and understands the nature and effect of signing the document; and
- the properly accounts for the assets, debts, marital status, family members and personal circumstances of the party signing it and is consistent with the arrangements and documentation made by the party signing it outside of their document [designated beneficiaries, joint tenancy, ownership agreements, presumptions in favour of a resulting trust, marital status, trusts, child support obligations, spousal support obligations etc.]; and
- the document satisfies the applicable legislation and legal requirements; and
- the document is properly executed in accordance with the applicable legislation and legal requirements; and
- the signing party understands the harm that can be caused by the misuse of the powers granted under the documentation and that appropriate restrictions are in place to protect the signing party,
In some circumstances we can notarize or act as a Notary Witness to Special Powers of Attorney or Specific Powers of Attorney prepared by Legal Counsel in other jurisdictions, or attend to execution as an out of office agent for Legal Counsel for documentation prepared in another jurisdiction, because the foregoing concerns would and should be addressed by the Legal Counsel in the jurisdiction in respect of which the documentation pertains.
Please contact us if you have any questions or comments.