Are there differences if a Will is done by a lawyer or a notary public?

Written by admin on December 17, 2014

1. Are there differences if a Will is done by a lawyer or a notary public?

There is no difference in legal effect between a Will done by a BC Lawyer or a Notary Public.

Notaries are restricted by Section 18(b) of the Notaries Act that prohibits Notaries from drafting Wills with trust conditions where the trust is held past the age of majority (19) of the youngest beneficiary. If such a provision is desired, then the Will cannot be prepared by a BC Notary.

RON USHER
B.Sc., J.D., RI
General Counsel, The Society of Notaries Public of BC
Adjunct Professor MA Applied Legal Studies Program, Simon Fraser University

RESOURCES

Nidus recommends that you do your research—see the information below to assist you. You should also contact the legal professional and talk with their staff about your needs so they can explain their procedures and what to expect. They may have suggestions on what to bring to your appointment to save time and costs.

Nidus partnered with BC Courthouse Libraries to raise awareness about BC’s essential legal planning documents and the Nidus Registry. The kick off event was held on September 15th at the Vancouver Public Library Central Branch with a panel of experts in the field. Questions that were submitted will be answered in a series of posts by Nidus and various panel members. To see photos from the event click Gallery; and click Registry Sing-a-long for the fun of it!