Role of Notary in Making Legal Wills in Canada

Any kind of legal document is not really complete unless it has the stamp of the government of the state and this is precisely what the notary has to do. A notary is a person authorized by the government of a state, province or country to stamp letters, wills, birth certificates or any other kind of legal document and issue the certificate. In Canada the role of the notary public is extensive. He is given full responsibility of checking documents, and especially wills, for authenticity, going through the identity of the person to see if he is genuine and the person who is signing the document, cataloguing the certificate and finally handing it over to the signer.

It should be said that in Canada, the person aspiring to be a notary has to go through tremendous training and preparation to finally qualify for the job. He can also learn how to prepare wills and will preparation needs a lot of study. This is because their job entails that they know all the details about some of the laws of the state that pertain to the documents they notarize and the various clauses and sub clauses of such documents. They ensure that all the points of the will are included and the adequate fees have been paid by the parties. They are people of intense integrity and they are not supposed to succumb to any temptation or indulge in any malpractices. They also stay in close touch with the authorities because they have to be informed if they see that any person is trying to pass off a fake will as an original one or is trying to fake his identity.

There have been instances when a person has been coerced and forced to sign a will handing over his property to a party he does not approve of. For this reason, notaries in Canada make it a point to see that the person whose signature appears at the end of the will is physically present before him before he would finally give his seal of approval. Notaries in Canada are also sometimes asked to witness the signing of the will. In that case, the parties that are involved with the will are present in front of the notary and the will is signed in front of him. That definitely makes the work a lot easier because the notary at least does not have to doubt whether the signer is willingly or unwillingly signing the will.

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Pertinent Questions Regarding Statutory Declaration Canada Answered

One of the major requirements of an overseas travel with an extended stay or trade is that some documents should have legal witness. For that reason, there are several agencies and individuals entrusted with the responsibility of making the process easier and give the citizens a chance to get their documents notarized. These agencies and persons are called the notaries or notarization agencies. They witness the authenticity of the documents and certify that it is correct and original from all aspects. Documents are not always the most reliable when they are submitted. Where forgery is so rampant, people have ample options to get hold of a fake document for a specific purpose.

Introduction to Statutory Declarations in Toronto, Canada

Statutory declaration is one where the truthfulness of a document or a statement is solemnly declared to be right and complete. Where affidavits are more likely used in court proceedings, statutory declarations have wider mass appeal. Evidence given under oath has similar implications as a statutory declaration. When it comes to statutory declaration Ontario is no different from the rest of Canada. The notary doesn’t accept that the statement is true, rather acknowledges that the declarations have properly been administered. Many people notarize their statutory declaration of identity before a Notary Public who authenticates the statement by putting his signature and seal on the written statement to witness it.

Cases of Implementations

Some major cases of statutory declaration Canada experiences are related to the process of loans. For instance when a person stands as a guarantor for another person, the declaration needs notarization. Only when a Notary public witnesses it would the solemn statement become a legally binding oath. Similarly, when a citizen of Canada loses his or her passport or a passport gets stolen or damaged, a statutory declaration is required. In addition to that, if the passport becomes inaccessible, such as, someone forcibly withholds it, a statutory declaration is essential. Another case where the process comes in handy is for Common Law Unions.

Importance and involvement

Some of the individuals or firms authorized to act as notaries apart from the Notary Public, are barristers, solicitors, lawyers, etc. Every area should have a notary who does all the pertinent tasks. Property ownerships and transfers, checks on criminal records, statistic documents in original and various degrees and diplomas all require the seal of authenticity from a notary to be accepted in many places. When looking for a notary to witness a statutory declaration, it is best to do a little homework and choose an individual or agency with some reputation.

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Notarization Services in Canada And Its Benefits Evaluated

Certificates and documents of legal importance always require the sanctified authorization of the law to have universal acceptance. Most of the time people who need to submit documents to government agencies or for employment purposes need their documents and certificates notarized. For this, governments across the world instituted the system of notarization. Under this framework, a notary, a person authorized to act on behalf of the administration of government, undertakes to guarantee the authenticity of the documents and assure the reader of the validity of the same. The notary is responsible to witness the signing of contracts and authenticating the correctness of the process as well.

Persons Authorized to Notarize Documents

When a notary is engaged to witness the signature of any person, they sign the document and place their seal to certify the veracity of their involvement. With this, the notary becomes responsible for the actual document they notarize. In Canada, notarization is undertaken by people who have the authority by means of the position they hold:

1. Notary Public

2. Lawyer

3. Barrister

4. Solicitor

While certain professionals have the right to certify and attest to the veracity of some documents when applying to government agencies, most of the documents to be produced or used overseas require a proper notarization from the above mentioned persons or specific notarization agencies.

Major Documents Notarized

Some of the main documents that agencies providing notarization services certify are concerned with all walks of the life of a person. Right from the birth certificates, adoption papers to all the documentation relating to marriage and divorce, all require proper notarization. Property ownership documents require proper authorization from a notary just as in the case of admission papers and transcripts of college, university or school admissions, especially in case of overseas education. Import, export and trade documents over the borders require proper notarization to be accepted in another country. Most of the contracts, government documents and certificates used in customs need a notary to witness them.

Services That Accompany Notarization

Notaries have expanded their repertoire of services and even offer long distance services to their clients. Many individuals use the help of notaries to gain character certificates as well as clearance certificates in the case of criminal records. Some of the major agencies offering notarization of documents in North York, Toronto, Canada are known for their excellent record of delivering documents on time and with perfect documents as well. Most of the countries across the world have such a system that makes it easier to get hold of the services and keep communication and transfer of information open across borders.

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Top Four Points Notary Public Toronto Need to Know

A Public Notary is a person authorized by the government of a state or country to oversee matters of legal importance and to give the final seal of approval respecting the authenticity or genuineness of the signature on the document. The role of a notary is extensive. It includes signing and stamping a variety of legal documents like the will, birth and death certificates, power of attorneys, deeds and petitions and anything else that has to be made legal or certified. The signatures in most documents will have no legal significance if the notary does not put his seal on the document. Here are some things that notary public in Toronto, North York, Etobicoke, Scarborough, Mississauga, Brampton, the GTA, Ontario, and Canada needs to know:

1. The notary should check and ensure that the person whose signature is on the document is physically present when the stamp is finally put on the paper. There have been too many reported instances where signatures have been forced out of reluctant people and by just emphasizing the importance of the presence of the individual, such unlawful practices can be curbed to a huge extent.

2. One of the important jobs of notaries is to see that an oath is taken and this is in regards to the fact that the signer claims that all the information provided on the document is correct and that in case if any falsification, he would be subjected to the criminal laws of the state for lying under oath. It is the duty of the notary to see that the oath is properly administered and sworn or affirmed. In some cases, the notary is invited to be a witness to the signing of the document. In that case, the person has to appear before the notary and it is the duty of the notary to establish that the person’s identity is genuine and that the document has no falsification and then issue the certificate.

3. The notary should have a full understanding of the fact that he would be able to identify a false document if it is presented to him and that each and every time he would undertake the same meticulous task of affirming the originality of the document and the authenticity or genuineness of the signature. He should check to ensure that the document is complete and he should be sure to make the record book entry after every notarization procedure. The information concerning the parties and the nature of the document should be catalogued for future references.

4. Lastly, the notary should adhere to every protocol laid out by the government. He should refrain from falling prey to malpractices and should uphold the laws of the state on all occasions.

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Why Do You Need Power of Attorney for Property

There are instances when an older person might feel that a time would come when he would be unable to deal with his property and finances. Or there might be times when a person is involved in life risking jobs and might feel who is going to look after his affairs if he suddenly dies. In that case, a person can make a power of attorney for property and hand over the management to another person. Here are some things to keep in mind:

The person who would be appointed is known as the attorney. He need not be the lawyer. If a power of attorney is made in his name, then he would also have the same independence with regards to the property just as the actual owner. He might also acquire the right of selling the property if there are no limitations set on the attorney. To start the process, a Canadian has to first fill out a form and there he would have to provide all the requisite information pertaining to him and the attorneys. The information should be filled in accurately. Documents should also be provided to show where and what the property in question is and to prove the ownership of the property.

A public notary has to go through the power of attorney and sign it before it becomes legal and functional. The notary has to be authorized by the government. It is the duty of the notary to make sure that there has been no coercion involved during the signing of the document and the signer has to be present in front of him to verify so. He would then have to record the data and keep it for future reference.

If the signer wishes to put in any limitation on the power of attorney, then he has to do so in clear terms. A lawyer would be able to assist him in this matter. The signer should check and recheck the power of attorney to ensure that there are no loopholes. The period for which the power of attorney is granted to the other person should also be stated, at the end of which, the power granted to the attorney would cease to exist.

By looking into all the aspects, it would be perfectly safe to hand over the responsibility of managing your property through a power of attorney to another person.

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