Drafting and Attestation of Notarial Instruments
What the exam tests
Drafting and attestation of notarial instruments: deeds, affidavits, powers of attorney, wills, trusts and certified copies. The exam tests structure, formalities, language and execution.
Core rules
- A deed should identify the parties, recite the background, state the operative transaction, describe the property or rights precisely, and include execution and attestation clauses.
- The notary must read or translate the instrument to the parties, ensure understanding, identify them, and see them sign. Witnesses must sign in the presence of the notary and the parties.
- Blank spaces, uninitialled alterations and missing pages invite fraud; paginate and initial every page.
- Where registration is required, prepare the correct number of copies and register promptly.
- A certificate of translation may be needed where the parties do not understand the language.
Worked example
A deed leaves the schedule blank. After signature, the notary fills in a different land extent. The instrument is unreliable and may be treated as altered; the safe course is to re-execute a corrected deed with all parties and witnesses present, not to initial the change unilaterally.
Traps
Witnesses signing before the parties; the notary acting as attesting witness; vague property descriptions; no capacity check; and failing to explain the effect of a power of attorney or mortgage.