![]() You and your notary “meet” in a virtual office room. With RON, you conduct the entire transaction online. RON takes that antiquated process into the future. Even in that case, however, you still need to make an appointment. If you’re lucky, you might find a mobile notary who will come to your home. You can’t just walk in and expect to get a document notarized. They are usually working at other businesses and perform notarizations on the side. Typically, notaries don’t have full-time jobs as notaries. You have to find a notary, determine if the notary has convenient hours, gather your papers, and drive around town. If you’ve ever had to get a document notarized, you know how challenging it can be. ![]() The notary verifies your identity, signs, and digitally notarizes the document. You meet a licensed notary online, present your documents and sign your papers digitally. Remote online notarization permits you to get a document signed, verified, and sealed without leaving your house or office. Other states have quickly followed, and here’s what we know so far. ![]() Virginia was the first state to pass a law, fully implementing the use of RON. The only difference is they can do it all without leaving home. Special thanks to David Watts, Notary Public for his assistance in preparing this blog.Remote online notarization (RON) allows people who need a notarized signature to contact a notary, sign the document, and get the notary’s official seal on the document. If you have questions about trusts, life estates, or matters relating to estate administration, please feel free to contact one of the lawyers in our Wealth Preservation + Estate Litigation Practice Group. Notaries cannot provide legal advice regarding obtaining grants of probate or letters of administration or advise on disputes relating thereto for their clients. Notaries should refrain from drafting wills that contain Life Estates unless they are certain that such drafting complies with Subsection 18(b) of the Notaries Act.Ģ. A Life Estate is a form of trust which usually vests in beneficiaries after the age of majority. Notaries cannot draft wills which create trusts where the beneficiaries receive their entitlement after the age of majority. 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.Alexander Holburn is a leading full-service, Vancouver-based Canadian law firm providing a wide range of litigation, dispute resolution, and business law services. ![]()
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