09/08/2026
The Notary blamed for a late signer’s will
By Bill Anderson, August 7, 2026
An old woman surrounded by torn pages from a will.
Editor’s note: This is the first in a series of articles covering actual Notary errors and omissions (E&O) claims that did not go as anyone expected.
A Notary watched a 94-year-old signer read every page, tear up the documents twice, and finally sign. Then the signer died, the family scattered, and the Notary was the only one left to sue.
That’s what happened to a Notary Public sued for notarizing an elderly woman’s signature on estate documents in a rehabilitation facility. The signer appeared alert, engaged, and in charge of her own affairs. She signed estate documents, a power of attorney and a will that disinherited her son. When she died, the son sued. By the time the dust settled, the Notary’s $100,000 E&O policy was almost gone, and the story had become a cautionary tale of what happens when a Notary does everything right but is targeted by a lawsuit due to unforeseen circumstances.
What the Notary saw
By every measure that matters to a careful Notary Public, this was a clean job. The Notary performed the notarizations in the signer’s presence, and there was no question about the signer’s identity. The Notary credibly recounted the signer’s mental state in court. While the signer was 94, her memory was sharp. She read the documents. She asked questions. She paid close attention to what she was signing.
However, she initially refused to sign the documents. At the first visit, the signer tore up the documents and sent the Notary away. Only at a later appointment, when the signer was ready, did she choose to sign the documents and have her signature notarized.
There is nothing wrong with coming back to a signer who isn’t ready. In fact, walking away when a signer hesitates is exactly what a careful Notary should do. But what a Notary sees in real life can look very different in a courtroom.
