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UK Probate - Swearing an Oath in California

UK Probate - Swearing an Oath in California

Old Sep 28th 2018, 10:09 pm
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Default UK Probate - Swearing an Oath in California

I currently live in LA and my mum back in the UK passed away 6 months ago. I had to apply for Probate which has taken a long time to be processed. I have now been sent an Oath which I need to swear/affirm. From looking at related posts on here this should be able to be done by a Notarial Service. I therefore have just been to a notary at my bank. The Notary there looked at the documents and was very unsure if they could notarise the oath. It is even more complicated as in California the notary can only notarise a signature and NOT that the statement is correct. The notary at the bank recommended I call the UK embassy here which I did but the embassy didn't know and recommended I contact the Probate Department in the UK. I've emailed them but from experience I won't get a reply anytime soon. Phoning them is nigh on impossible.

So, does anyone have experience of wearing or attesting a probate oath in California? If so how did you do it? The notary was saying I would need to sign on the oath and complete the relevant parts (see attached). Does anyone on here know if that is correct? In the UK the oath can be sworn at a high st solicitors for 10 pounds so I don't want to consult an expensive lawyer out here.

Any help would be appreciated,
Attached Files
File Type: pdf
Probate Oath Page 2.pdf (29.1 KB, 39 views)
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Old Sep 28th 2018, 11:19 pm
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Default Re: UK Probate - Swearing an Oath in California

I had to swear an oath for probate as executor when my father died. My solicitor in England was able to arrange the swearing before I returned to the US, but it IS an oath, complete with hand on bible. Do you have any legal representation in the UK who could advise as to what they would consider acceptable? If not, I suggest pay a lawyer in the US to administer the oath for you; I don’t think it’s something a notary can do.
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Old Sep 28th 2018, 11:36 pm
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Default Re: UK Probate - Swearing an Oath in California

I am a notary, and this does not sound like something a notary does. The only thing I do is make sure the person signing the document is who he says he is. I don't attest to the truthfulness of the document itself.

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Old Sep 29th 2018, 2:06 pm
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Default Re: UK Probate - Swearing an Oath in California

Originally Posted by Noorah101 View Post
I am a notary, and this does not sound like something a notary does. The only thing I do is make sure the person signing the document is who he says he is. I don't attest to the truthfulness of the document itself.

Rene
That was all I could basically do as a notary in New York State, as well. I could attest that the copies were exact copies of the original document but could not attest that the document was true/correct. Basically it is attesting that the signatory has shown proof that they are the person whose signature is being witnessed.
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Old Sep 29th 2018, 4:23 pm
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Default Re: UK Probate - Swearing an Oath in California

I'd go back to the British Consulate in Los Angeles. They do provide this service:

https://www.gov.uk/guidance/notarial...n-or-affidavit
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Old Sep 29th 2018, 6:10 pm
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Default Re: UK Probate - Swearing an Oath in California

Originally Posted by Noorah101 View Post
I am a notary, and this does not sound like something a notary does. The only thing I do is make sure the person signing the document is who he says he is. I don't attest to the truthfulness of the document itself.

Rene
The notary would not be attesting the document is true, they are attesting that the person said before them under oath it is true. But if the LA consulate has a British notary that is where I would get it done.
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Old Sep 29th 2018, 7:02 pm
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Default Re: UK Probate - Swearing an Oath in California

Originally Posted by lansbury View Post


The notary would not be attesting the document is true, they are attesting that the person said before them under oath it is true. But if the LA consulate has a British notary that is where I would get it done.
Without knowing the oath they would be taking and if the notary needs to know that the facts are indeed true, how does a notary attest to the truth of the oath.
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Old Sep 29th 2018, 8:27 pm
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Default Re: UK Probate - Swearing an Oath in California

Originally Posted by Rete View Post
Without knowing the oath they would be taking and if the notary needs to know that the facts are indeed true, how does a notary attest to the truth of the oath.
The notary doesn’t need to know the facts are true, they are just certifying the person said under oath they were true. The person administering an oath to a witness in court doesn’t know what the witness will say is true, they just adminster an oath.

As to the wording of the oath a pretty standard oath or affirmation by the person that the contents of the document are true would suffice. The problem with the document that the OP wants signed requires the person administering the oath to be authorized to do so by the High Court, which I would not expect any American notary to be.
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