Posted by Bob-Chicago on January 14, 2009, 11:24 am, in reply to "UPL Laws were Created to Suppress Notaries"
24.15.56.184
The notariztion on a will is usually of
the signed statement by the witnesses to the will,stating that they saw the testator sign the will on a specific date and they believed the testator to be of sound mind and memory.
--Previous Message--
: Upl laws were created to suppress
: notaries.
:
: I have been reading old books on
: google print and found out that
: historically notaries were taking
: Wills since Roman times , but the
: tradition ended when the UPL laws
: started in the 1930s. A notary
: drafting a will was part of his craft
: like swinging a hammer is part of a
: carpenter’s craft. The historic
: difference between notaries and
: lawyers that separated the two
: professions is notaries worked in
: written legal matters where there was
: no controversy with another party, as
: opposed to lawyers that represented
: parties in controversies . Basically,
: upl laws were created to shut down
: notaries, a competitor. In some states
: Notaries were still giving advice and
: drafting wills until the 1940s when
: courts "interpreted" that
: drafting wills was "only"
: the work of lawyers. (Louisiana and
: Puerto Rico were exceptions.)
:
: The reason drafting a will was (and is
: in other parts of the world) is that a
: notary is an official witness that
: ensures that the person’s wishes is
: respected after he passes on.
:
: Up until the upl laws in every state,
: anyone could advise and draft wills,
: not only notaries. But notaries were
: the only ones that were official
: witnesses. Thus, in 49 states the
: notary’s power was limited to
: witnessing, because the advice and
: drafting was wide open for anyone. The
: way the lawyers interpreted this was,
: if the power to advise on wills was
: not spell out, it would not be
: permitted. Louisiana and Puerto Rico
: notaries in the 1930s had will
: drafting powers spelled out, so they
: kept their powers. In other words,
: even though notaries were writing
: wills for 2000 thousand years, because
: it was not spelled out in the license,
: the lawyers claimed it was not part of
: the notaries job!
:
: The selling of the lawyer-written Will
: kit by notaries, then notarizing is
: just carrying on the long tradition of
: notaries. Most Wills are made by will
: kits, so the lawyers lost the market ,
: but they are still notarized!
:
: With all the real crime, why are they
: threatening to put notaries in jail
: just for telling someone he made a
: spelling mistake in the blank spaces
: in the will? This is madness.
:
:
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