Conflicts of Interest, Impartiality, and Disqualification
The disinterested notary
Impartiality is the core of notarial office. A notary must not notarize a document in which the notary is a party, grantee, beneficiary, or has a direct financial interest. Many jurisdictions also bar notarizing for a spouse, ancestor, descendant, or sibling. The notary should disclose any relationship that could reasonably create bias and should decline when the act would benefit the notary.
Disqualification and recusal
Disqualification is not a mere preference: an act performed by a disqualified notary may be void or subject to discipline. If a conflict appears after the act, the notary should not alter the record; the notary should seek legal advice and make a truthful correction only where law permits.
Worked example
A notary is named as executor in a will and is asked to notarize the testator’s signature. The notary has a direct interest in the will’s validity and should refuse. The testator can use another notary; the first notary should record the refusal, not the act. If the notary also drafted the will, the conflict is stronger.
Traps
Assuming a family relationship is harmless; notarizing a deed where the notary is the buyer; acting as notary and witness; and failing to recognize that an attorney-notary may have a conflict when the client is the beneficiary.