Alberta Notary Services FAQ 3

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Frequently Asked QuestionsbyRuss Weninger
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Question
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Will you notarize or act as a witness for a will
prepared by me in advance?
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Answer
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Typically, no. A will is an important legal
document that should be drafted with the
assistance of a lawyer.

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While it is not a legal requirement to have a
will prepared (or for that matter witnessed) by a
lawyer, it is a document that has such
significance that under almost all circumstances
a lawyer should be involved with a will's
preparation.
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• Also, when a lawyer assists in any way with a
  will, that lawyer runs the risk of being sued by
  disgruntled beneficiaries at a later date.

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• It may not be an adequate defence that the lawyer
  was only witnessing the will and did not assist
  with the drafting of the will.

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• For those reasons, if I am to sign as a witness
  on a will, I must be satisfied that the contents
  of the will are reasonable.

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• I must be satisfied that the contents of the will
  are reasonable. This falls within the realm of
  providing legal advice, and to do an adequate
  job, requires that some time be spent considering
  the draft will.

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Almost invariably, when reviewing a proposed will
drafted by a client, I come across sections that
should be improved upon, and it is in many cases
more economically efficient to draft the will
from scratch.
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