Posted by LisaWI on 2/21/06 8:20am
Msg #98554

Some Notary Trivia for Ya!!

I found this doing some reseach. Read the paragraph below and post what you think might be wrong with it.
To make a self-proving Will, a testator should follow this procedure: (1) The testator should sign the Will in the presence of the witnesses and have the witnesses sign as well; (2) A notary public should be present at the time the Will is signed by the testator, together with all the witnesses; (3) The testator should provide the blank Self-Proving Affidavit form below to the notary public, or the testator should consult with the notary public to determine if a different Self-Proving Affidavit form is recommended; (4) The testator and witnesses should complete the Self-Proving Affidavit form in the presence of the notary public. The notary public will require the testator and witnesses to swear to the Self-Proving Affidavit's truth and may require that photo identification is presented; (5) Once completed, the Self-Proving Affidavit should be stapled to the Will.

Or could it be interpretted(sp?) differently?

Reply by PAW on 2/21/06 8:33am
Msg #98563

>>> the testator should consult with the notary public to determine if a different Self-Proving Affidavit form is recommended <<<

Oops. This sounds like UPL.

The Florida Governor's Reference Manual for Notaries provides explicit guidelines on the notary's responsibility and duty in regards to a self-proving will. An excerpt from the manual:

Making a will self-proving shortens and simplifies the steps of probate. Section 732.503, Florida Statutes, prescribes the method by which a will (or an addendum to an existing will, known as a codicil) may be self-proved. The process involves the testator and witnesses taking an oath and signing an affidavit stating that they signed the will in the presence of each other. The notary is responsible for administering an oath to the testator and the witnesses, and for completing the jurat.

Reply by cmd_NH on 2/21/06 8:38am
Msg #98565

Re: Beat me to it PAW!!!!

>>> the testator should consult with the notary public to determine if a different Self-Proving Affidavit form is recommended <<<

My first thought was UPL!

Reply by LisaWI on 2/21/06 8:41am
Msg #98566

Yep!! Thats it. It came from the site "Internet Legal Research Group". This is free and what bothers me it leads a person to believe that is part of our job. The website itself has good info on it as far as forms that may need notarizing but just to point out why someone might think we can give that advice.