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Powers & Duties of Notary

A notary is asked to acknowledge a will and tell the signer that this replaces witness attestation. What is correct?

A

The notary may do so because acknowledgments and attestation clauses are equivalent.

B

The notary may only do so if two witnesses are absent.

C

The booklet cautions that an acknowledgment of a will is not equivalent to an attestation clause.

D

The notary must refuse every notarial act involving wills.

Correct Answer

C. The booklet cautions that an acknowledgment of a will is not equivalent to an attestation clause.

AI Explanation

Wills are a classic exam caution. In the booklet’s "Professional Conduct" section, a notary is cautioned not to execute an acknowledgment of the execution of a will because such an acknowledgment cannot be deemed equivalent to an attestation clause. For contrast, the caution is not that every will-related notarization is forbidden; the danger is treating acknowledgment as a substitute for witness attestation.

Powers & Duties of Notary Question #144
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