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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.

Correct Answer

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

Detailed 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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