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Notarial Acts/Documentation

A client requests a notarization on a handwritten Last Will and Testament. Which of the following accurately reflects the California Notary Public Handbook's guidance on notarizing wills?

A

Notaries are advised to decline the notarization unless the request comes from an attorney, due to the complex legal requirements of California probate law.

B

Notaries are strictly prohibited by law from notarizing wills.

C

Notaries can only notarize wills if they use a Proof of Execution by a Subscribing Witness.

D

Notaries should perform the notarization immediately, as wills are standard legal documents.

Correct Answer

A. Notaries are advised to decline the notarization unless the request comes from an attorney, due to the complex legal requirements of California probate law.

AI Explanation

Notarizing Wills. The handbook states: 'The California State Bar advises that when a notary public is asked to notarize a document which purports to be a will, the notary public should decline and advise the person requesting the notarization to consult a member of the California State Bar. If an attorney recommends it, the notary may do so.'

Notarial Acts/Documentation Question #105
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