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Posted by  Marian_in_CA on 7/25/11 1:55am
I see what you mean, but I wonder... if you are trying to determine if somebody *could* be a beneficiary or an heir, absent obvious evidence (such as their name in the document) wouldn't that be making a legal determination? That's what I mean.
And, since giving an oath to a CW is a notarial act, if you deny somebody the ability to do that... absent any obvious reason why you shouldn't as noted above... couldn't you then be putting yourself in to a situation where you can get in to trouble for declining a legal request for notarization? If the CW is not obviously a party to the document and is willing to swear under oath... where is the notary's liability?
It just seems to me that if you put somebody under oath, with them knowing full well the potential consequences if they lie... how are you then responsible? The law itself says that *if* a court finds them guilty of perjury then they lose financial interest.
That's one of the reasons that I know pass out a piece of paper to the CWs that details the 5 things they're swearing to and the relevant codes. |
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