FAQ

Frequently Asked Questions

Q: What is the difference between a lawyer and a notary?

A: Lawyers are automatically notaries, but notaries are not always lawyers. A lawyer by virtue of their membership with the Law Society of Alberta have status as notaries. Notaries are professionals that can authenticate a document and then make a certified true copy. Notaries can also accept oaths from individuals and formalize this in documentation. A notary is not able to give legal advice. The notary must be a lawyer and also a notary to give legal advice.

Q: Do you notarize wills?

A: Yes. Moto Noto will notarize wills. However, as our notaries are not acting as lawyers and are not able to give legal advice, we do not draft wills. At the time of signing, Moto Noto will not review the will to ensure it is binding. Moto Noto will not witness the will but may swear the affidavit of service required for a will.

Q: Do you notarize separation agreements?

A: Yes. Moto Noto will notarize separation agreements. In most cases, a separation agreement will require a lawyer to sign with each party, if the separation agreement addresses things like property division and spousal support. Moto Noto recognizes that recently the Supreme Court of Canada has recognized certain separation agreements as being binding without the parties having signed with a lawyer. Moto Noto recommends that parties strongly consider seeking legal advice prior to deciding to have their separation agreement notarized. Please note, that for all separation agreements, Moto Noto will stamp the agreement with a “no legal advice given” stamp.