Signing Agent Message Board: Upl Laws were Created to Suppress Notaries.

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Upl Laws were Created to Suppress Notaries.

Posted by Bob on 1/13/2009, 10:06 pm
65.35.93.17

Upl (Unauthorized to Practice Law) 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.