View Single Post
Old 05-30-2009, 02:24 PM   #25
onetwo_threefour
Powerplay Quarterback
 
onetwo_threefour's Avatar
 
Join Date: Apr 2006
Location: Mahogany, aka halfway to Lethbridge
Exp:
Default

I love it when a non-lawyer explains my legal obligations as a lawyer and notary to me. As part of your laundry list of legislation you're bringing up, you may want to review the Legal Profession Act, and the Rules of of the Law Society and Code of Professional Conduct as to what obligations a lawyer has.

If you actually read the Notary Public Act sections you referenced in you post, you will see that it doesn't cover what troutman mentioned. Where does it say that a Notary can 'make (a will) a public record', to put it in your words?

If a client comes to me with a will that is already signed and asks me to make a copy and certify that it is a true copy, that I will do. If that same person comes to me and asks me to affix my seal to their signature, no dice. You can put all the crap you want in a letter to the client about not having given legal advice, but as a lawyer, when that document is presented to you and you are asked to 'notarize' the signature of the testator, you'd be crazy to do it as a notary without giving an opinion.

Once again Tower, you don't get to define what the law is, the legal system does that (as I've told you before). You don't get to decide what a Notary is liable for or is not liable for and your opinion in that regard carries no weight whatsoever.

Quote:
6(1) A notary public may, during pleasure,

(a) administer oaths and take affidavits, affirmations and declarations attested by the notary public’s signature and seal, (not a will)

(b) draw, pass, keep and issue deeds, contracts, charter parties and other mercantile transactions in Alberta, (not a will)

(c) attest all commercial instruments that are brought before the notary public for public protestation, (not a will)

(d) exercise all the other powers that customarily pertain to the office of notary public, and (you'd have to prove to me that this means that a notary public customarily has the power to certify the signature on a will without giving any legal advice as to its effect... good luck with that)

(e) demand, receive, and have all the rights, profits and emoluments rightfully appertaining and belonging to the calling of notary public. (has nothing to do with wills)


By the way, this crap about understand vs. stand under, and stand under being a more legal concept is such utter crap I don't even know how to reply. You seem to be just making s*** up now. I've never even heard that kind of nonsense from the other nutters that make this kind of thing their life's work. Does it actually make sense to you when you write gibberish like that?
__________________
onetwo and threefour... Together no more. The end of an era. Let's rebuild...

Last edited by onetwo_threefour; 05-30-2009 at 02:29 PM.
onetwo_threefour is offline   Reply With Quote
The Following User Says Thank You to onetwo_threefour For This Useful Post: