Wills and powers of attorney are two of the most important documents you’ll ever sign. These documents make sure your wishes are carried out and your affairs are managed if you’re incapacitated. But it’s crucial to avoid common mistakes when preparing and notarizing these documents or else they’ll be invalid or cause problems down the line.
Maida Chen notarizes wills and powers of attorney for clients in Richmond and Vancouver. Here are 5 mistakes people make when notarizing these important documents and tips to make sure yours are legal and binding.
1. Not Notarizing the Documents Properly
One of the most common and biggest mistakes is not notarizing your will or power of attorney properly. While the specific notarization requirements vary by jurisdiction, notarization is an added layer of security that verifies the documents were signed voluntarily and without duress.
Why Proper Notarization Matters:
- Legal Validity: A notarized will or power of attorney is much less likely to be challenged in court. The notary public is an impartial witness who ensures the signer understands the document and is signing willingly.
- Prevention of Fraud: Notarization prevents fraud by verifying the identity of the signer(s), which is especially important for powers of attorney where someone is given authority to act on your behalf.
How to Avoid This:
Make sure your will and power of attorney are notarized by a qualified notary public. At Maida Chen, we notarize according to British Columbia’s laws so you can have peace of mind your documents are valid.
2. Not Updating the Documents When Life Changes
Another mistake is not updating your will or power of attorney after major life events such as marriage, divorce, having a child or a significant change in your financial situation. Your documents should always reflect your current situation and wishes.
Why Updates Matter:
- Changing Beneficiaries: If your family situation changes (e.g. you get married or divorced) you’ll likely want to update your will to add or remove beneficiaries.
- Changing Powers: If the person you’ve appointed as your power of attorney can no longer fulfill the role (due to illness, death or relocation) you need to appoint a new one.
How to Avoid This:
Review your will and power of attorney regularly—ideally every few years or after major life events—to make sure they are up to date. Notarizing these updates ensures the documents reflect your current wishes and are legal.
3. Using the Wrong or Outdated Language
Legal documents must be written in precise language to avoid confusion or misinterpretation. One of the biggest mistakes is using the wrong or outdated language which can cause delays, disputes or invalidation of the document.
Why Language Matters:
- Clarity of Intent: A will or power of attorney with unclear or ambiguous language may be open to interpretation and cause disputes among beneficiaries or attorneys-in-fact (the person appointed to act under the power of attorney).
- Legal Requirements: The language in your documents must comply with British Columbia’s current laws and specific terms are required to be legal.
How to Avoid This:
Work with an experienced notary public or lawyer to make sure your will and power of attorney use the right language. At Maida Chen we review all documents to make sure they meet the latest laws and reflect your wishes.
4. Not Including the Right Signers or Witnesses
One of the biggest mistakes in executing wills and powers of attorney is not including the required signers and witnesses. For these documents to be valid, there are specific rules on who must sign and how they must be witnessed.
Why Signers and Witnesses Matter:
- Legal Validity: Wills and powers of attorney must be signed in the presence of witnesses who can attest that the signer is of sound mind and is signing voluntarily. In British Columbia, two witnesses are typically required for a will and they cannot be beneficiaries or married to beneficiaries.
- Preventing Fraud: Witnesses add an extra layer of protection to ensure the documents are signed freely and without undue influence.
How to Avoid This:
Make sure your will or power of attorney is signed in the presence of qualified witnesses and their signatures are notarized. At Maida Chen we make sure all legal requirements for signers and witnesses are met so your documents are protected.
5. Not Addressing Specific Legal or Financial Situations
Everyone’s situation is different and not addressing specific legal or financial situations in your will or power of attorney can cause unintended consequences. Common examples are not addressing debts, taxes or complex financial arrangements such as trusts or business ownership.
Why Specificity Matters:
- Financial Clarity: Not clearly outlining how debts or taxes should be handled can cause confusion for your executor or power of attorney as well as your beneficiaries.
- Complex Situations: If you own a business, have multiple properties or have significant assets you need to address these complexities in your will or power of attorney so they are handled according to your wishes.
How to Avoid This:
Talk to a professional about your specific legal and financial situations before you draft your will or power of attorney. This way your documents will reflect your situation. At Maida Chen we work with you to make sure all financial and legal matters are addressed in your documents.
Why Work with a Trusted Notary Public
Avoiding these mistakes is key to having a legally valid, clear and reflective will and power of attorney. Working with an experienced notary public is the best way to prevent errors and complications down the road.
At Maida Chen we provide notary services for wills, powers of attorney and other legal documents in Richmond and Vancouver. Our team makes sure your documents are executed properly according to British Columbia laws. Whether you need to create new documents or update existing ones we’re here to help you through the process.
Conclusion: Make Sure Your Wills and Powers of Attorney Are Valid
Creating and notarizing wills and powers of attorney are important steps in protecting your assets and having your final wishes respected. By avoiding these 5 mistakes you can make sure your documents are legal, clear and effective.
Maida Chen helps clients with notarization of these important documents. If you’re in Richmond or Vancouver our notary public team is here to get your wills and powers of attorney prepared and notarized.
Call or Contact Maida Chen today to book an appointment. We’ll help you protect your future.
