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Powers & Duties of Notary

A notary is asked to acknowledge a will execution for use as a substitute for the attestation clause. What is the safer exam answer?

A

The notary should proceed because an acknowledgment is deemed equivalent to attestation for wills.

B

The notary should avoid it because such an acknowledgment is not deemed equivalent to an attestation clause.

C

The notary may do so only on Sundays.

D

The notary may do so only if two subscribing witnesses sign the certificate.

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Correct Answer

B. The notary should avoid it because such an acknowledgment is not deemed equivalent to an attestation clause.

AI Explanation

Wills remain a classic trap area. In the booklet's 'Professional Conduct' section, a notary is cautioned not to execute an acknowledgment of the execution of a will because it cannot be deemed equivalent to an attestation clause. Unlike an ordinary deed acknowledgment, the will context creates this specific warning.

Powers & Duties of Notary Question #360
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