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Legal Terms & Definitions

Which of the following statements is NOT correct?

A

A will is the disposition of property to take effect after death.

B

An acknowledgment of the execution of a will may safely substitute for an attestation clause.

C

The booklet cautions notaries not to execute an acknowledgment of the execution of a will.

D

An attestation clause is conceptually different from an acknowledgment.

Correct Answer

B. An acknowledgment of the execution of a will may safely substitute for an attestation clause.

Detailed Explanation

Wills are a classic New York caution area. In "Professional Conduct," the booklet warns that a notary public should not execute an acknowledgment of the execution of a will, and such an acknowledgment cannot be deemed the equivalent of an attestation clause. The safer exam answer is to keep acknowledgments and attestation clauses distinct in will practice.

Legal Terms & Definitions Question #174
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