I’ve noticed some confusion regarding what a notary can and can’t do. While there are some very clear cut guidelines and differences, it can be confusing if you don’t regularly use notaries or lawyers.
Today, I will clarify some of these common misconceptions and frequently asked questions I get when I help my clients.
1. For my Will to be legal, I need it prepared by a lawyer
Let's start off with a very common misconception I often get asked, most Wills can be prepared by a notary. This generally applies to uncomplicated Wills and estate matters. We can help you write your first Will or update an existing one. We usually recommend updating or amending your Will when you:
2. My Realtor Told Me To Forward The Name Of My Lawyer For Our House Sale Paperwork…so Now I Need To Find A Lawyer
Sometimes realtors may ask for the name of your “lawyer,” but in many cases, a notary can perform the same job, at sometimes a fraction of the cost.
You don't specifically need a lawyer in most standard real estate transactions. Once you have agreed to buy or sell a property with your realtor and mortgage broker, you will then engage a Notary like me to help with all the final registrations, transfers, and paperwork.
A notary can help with many parts of finalizing your sale or purchase, including:
We’d be happy to talk to you about your legal requirements early, but generally, a Notary’s job doesn’t start until you have the signed sale or purchase agreement. In the case that your transaction is relatively straightforward, you can continue working with a notary you’ve already got a relationship with.
3. A Notary Can’t Give Legal Advice
False! It’s our job to provide you with the information you need to make an informed decision. Notaries are approved by the Supreme Court of British Columbia to provide legal services and advice related to your non-contentious legal matters. The advice and information we give can help you understand the options and consequences or ramifications of your choices to make your final decision.
4. A Notary Can’t Write Contracts
Actually, we can help you prepare basic contracts related to real estate transitions and other legal matters depending on the type of contract you need. Talk to us about your needs and we’ll see if we can help.
5. Notarizing Documents Is No Longer Necessary In The Digital Age
Notarizing a document is a declaration that ensures a document and included signatures are authentic. Notaries act as witnesses to signatures on these documents too. Once a document contains the Notary’s official seal (a stamp), it can be used when you are asked for notarized documents during real estate transactions, for travel or visa requirements, for letters of invitations, with passport applications, and other times when it’s important to verify your identity or a document.
A notary’s job is also to verify, to the best of their professional ability, that those signing the documents are doing so of their own free will and are not under duress.
6. Notaries Specialize In Certain Types Of Law.
The answer to this is “yes” and “no.” Big law firms often specialize in certain types of law, like family law, criminal law, or real estate law. Notaries often provide a broader range of notarial services within non-contentious matters. However, some may still choose to specialize.
7. A Notary Can Do Everything A Lawyer Can.
In some cases, we can do many of the same services, as long as they are considered non-contentious legal matters where all parties agree. We can not get involved in litigation matters or argue cases before a judge. For contentious issues, you’ll need representation by a Lawyer.
8. Notaries Are Less Educated Than Lawyers.
No, the opposite is true. In many cases, BC Notaries may be more educated than some Lawyers because we have mandatory continuing education in our practice areas. This means we are continually upgrading our skills and knowledge to ensure we serve you to the best of our ability.
What legal work can notaries NOT do?
A notary's powers have some limits. Here are examples of legal issues and matters that must be handled by a lawyer, not a notary:
The Bottom Line
Your choice of Notary or lawyer is usually based on the type of services or legal advice you require. Generally speaking, you can choose a notary if your legal matter is uncomplicated and non-contentious. Lawyers can always be brought in later if your legal needs change.
If you’re looking for a notary for your family or business, my team at Mount Pleasant Notary is here to help. Contact us today for a free consultation to see if we offer the services you need.