UK Probate - Swearing an Oath in California
Sep 28th 2018, 9:09 pm
#1
Forum Regular
Thread Starter
Joined: Apr 2014
Posts: 72
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,
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,
Sep 28th 2018, 10:19 pm
#2
BE Forum Addict
Joined: Sep 2010
Location: Sleepy Hollow, New York
Posts: 2,536
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.
Sep 28th 2018, 10:36 pm
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
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.
Rene
Rene
Sep 29th 2018, 1:06 pm
#4
Concierge
Joined: Apr 2001
Posts: 46,388
Re: UK Probate - Swearing an Oath in California
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.
Sep 29th 2018, 3:23 pm
#5
Forum Regular
Joined: Mar 2012
Posts: 36
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
https://www.gov.uk/guidance/notarial...n-or-affidavit
Sep 29th 2018, 5:10 pm
#6
Joined: Apr 2005
Location: Milwaukie, Oregon
Posts: 9,965
Re: UK Probate - Swearing an Oath in California
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.
Sep 29th 2018, 6:02 pm
#7
Concierge
Joined: Apr 2001
Posts: 46,388
Re: UK Probate - Swearing an Oath in California
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.
Sep 29th 2018, 7:27 pm
#8
Joined: Apr 2005
Location: Milwaukie, Oregon
Posts: 9,965
Re: UK Probate - Swearing an Oath in California
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.
