Notary vs. Lawyer in Ontario: Who Should Handle Your Will?
Notary Public Serve
Professional Notary Public
When planning your estate in Ontario, it's important to know whether you need a lawyer or a notary. While their roles often overlap, there are distinct legal boundaries you should understand.
Can an Ontario Notary Draft a Will?
In Ontario, drafting a Will or providing legal advice on its contents is considered the practice of law. Unless a Notary Public is also a licensed lawyer, they cannot draft the Will for you. Relying on a non-lawyer for drafting can lead to invalid documents.
The Essential Role of the Notary Public
The most vital role for a Notary in estate planning happens after the Will is signed. This involves commissioning the Affidavit of Execution (Form 74.8). This document is mandatory for probate and must be signed before a Notary or Commissioner.
When to Choose a Lawyer-Notary
At Notary Public Serve, our notaries are also licensed lawyers. This means we can offer the best of both worlds: expert legal advice on your estate planning and professional commissioning of your probate documents.
Services We Provide:
- Commissioning Affidavits of Execution.
- Certifying True Copies of original Wills for banks.
- Notarizing international estate documents (Apostille).
Ensure your final wishes are legally secure. Contact Notary Public Serve today for professional estate notary services across Ontario.
Disclaimer: This post is for informational purposes only. Consult with a qualified estate lawyer for legal advice.