![]() ![]() What lessons can be taken from this ruling for notaries?ġ. In both instances, the court found the Notary to be engaged in the practice of law and therefore in contravention of the Legal Profession Act. ![]() In MacDonald, the notary had drafted a will creating a life estate and had assisted in probate matters for her clients.Ĭoncerning her drafting of a life estate, the notary advised that in future she would make use of certain life estate clauses that had been provided to her at a presentation for notaries prepared by lawyers which she believed complied with s. It is also well established that notaries may not prepare applications to probate a will (see Gravelle 57 B.C.L.R. that notaries may not draft wills which create trusts where the beneficiaries receive their entitlement after the age of majority ( Re Horvath, B.C.J. MacDonald, 2013 BCSC 1204, the court provided helpful guidance on the scope of wills and estates services which notaries in British Columbia may provide in accordance with the Notaries Act. In a recent case heard before the Supreme Court of British Columbia, The Law Society of British Columbia v. Defamation + Publication Risk Management.If you're worried that your contract might need to be notarized or witnessed, consult an experienced contracts attorney in your area.Alexander Holburn is a leading full-service, Vancouver-based Canadian law firm providing a wide range of litigation, dispute resolution, and business law services. ![]() In Florida, for example, deeds must have at least two witnesses (or be notarized) before being recorded and acknowledged as legally binding. However, each state may require special kinds of contracts (e.g., real estate deals, wills, and marriage agreements) to be witnessed by a third party in order to be binding.įor example, although not important to most businesses' operations, most states require at least two witnesses to be present for the signing of a will.Įmployers looking to close a deal on commercial real estate should be aware that some states require deeds or mortgages to be witnessed in order to be recorded by the state or county. Like notaries, witnesses aren't generally required in order for a contract to be legally enforceable. Having a notary present when these types of contracts are signed isn't necessary for the contract itself to be legal, but it may come in handy if the contract is ever disputed in court. These include real estate sales, wills, debt agreements, and real estate leases for over a year. ![]() Since this would only apply in the case of written contracts, a notarized contract could be especially important in agreements that must be in writing. Notarization can prove that a party who objects to the agreement was indeed the person who signed the contract. Notary publics serve an important function by verifying the identity of someone who signs an agreement and attesting to that person's signature. However, if a party who signed a business agreement decides to dispute that agreement in court, a notarized contract can help a great deal. Just like wills, there is generally no requirement that a contract be notarized in order to be legally binding. What Good Is Notarizing a Contract?Ī notary can play an important role in making sure that a contract is legally enforceable, even if notarization isn't necessary. There are, however, several good reasons to consider having a contract notarized or witnessed. The short answer is generally no: Business contracts typically don't need to be notarized or witnessed in order to be legally binding. When signing an agreement, business owners may sometimes wonder, "does my contract need to be notarized or witnessed?" ![]()
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