When Should an Individual or Family Use a Notary?
Written by Claire Thompson | Wills, Trusts, Tax and Probate team |20 October 2023
In an era where personal and professional interactions span continents and cultures, there’s a unique pillar that lends credence and authenticity to significant documents and decisions: the Notary Public. While businesses frequently leverage notarial services, it's just as vital for individuals and families to understand when and why they might need these professionals.
Unravelling the Notary Public Role
First and foremost, a Notary Public is a trained and certified individual vested with the authority to certify documents, witness signatures, and administer oaths. Their stamp and signature offer a seal of trust, ensuring that documents are authentic and that signatories are who they claim to be.
Key Moments When an Individual or Family Might Require a Notary:
Estate Planning: As families contemplate their financial futures, documents like wills, trusts, and powers of attorney come into play. These crucial documents often require notarisation to ensure validity and enforceability.
Property Transactions: Whether it's buying a first home, selling an old one, or refinancing a mortgage, property transactions can require a plethora of notarised documents. This is especially true if purchasing or selling property overseas.
Marital Agreements: Prenuptial and postnuptial agreements, pivotal in determining financial arrangements between spouses, often need notarisation to become legally binding.
Adoptions: For families looking to adopt, both domestically and internationally, notarised documents confirm the legitimacy of paperwork, ensuring that the adoption process moves forward smoothly.
Travelling with Minors: If a child is travelling internationally with one parent, or without either parent, many countries require a notarised letter of consent from the absent parent(s), ensuring the child's safety and preventing potential abduction scenarios.
Educational Documentation: Studying abroad or transferring schools might necessitate notarised transcripts, diplomas, or other educational credentials to validate their authenticity.
Immigration and Citizenship: Applying for visas, green cards, or citizenship in another country? Notarised documents are often part and parcel of these processes, confirming the veracity of your provided information.
Worth Remembering
While these scenarios capture many of the moments when individuals or families might need a Notary, life is filled with unexpected turns. Any situation where the legitimacy of a document or decision is paramount, especially when it has implications across jurisdictions, can benefit from the notarial seal of trust.
In summary, a Notary Public’s service isn't just reserved for the boardroom or corporate deals. They play an integral role in our personal lives, safeguarding our most significant decisions and milestones. It’s always wise for families and individuals to know when to seek out their essential services.
Should you need a Notary, Claire Thompson, a Solicitor in our Wills, Trusts, Tax and Probate team is a qualified Notary and will be able to help you. She’d be delighted to hear from you and answer any questions you may have. Please call her on 01752 827074 or email her at cthompson@nash.co.uk
