What do Notaries do ?


In England and Wales, Notaries are lawyers who specialise in international transactions and documentation for use abroad. About 850 in number, nearly all of them practise as solicitors in addition to their Notarial practice, although there is a growing number of full-time Notaries, who may also carry out normal conveyancing and probate work within this country.

Notaries must study international law, conflicts of law and Notarial theory and practice, and they must also have training as Notaries, in addition to any training they may have had as solicitors.

The services of Notaries are so sought-after, because very many countries see the Notary as being at the pinnacle of the independent legal professions. If documents are to be signed, or transactions completed, or identities checked, it is usually the Notary who is the lawyer most trusted to do the job in those countries. The Notary’s work varies from certifying that documents have been duly signed before him or her, to investigating title to land or other property, either in this country or in other countries, to dealing with all aspects of the transaction. People buying abroad often appoint lawyers in the country where they are purchasing to act for them, usually through powers of attorney, especially for Spain, France and Portugal, and these and other documents relating to the transaction are very often signed here in the UK in the presence of a Notary.

Since Notaries in England and Wales are fully trained lawyers, they can draft any type of deed or document which a solicitor could draft, with the exception that, as Notaries, they do not conduct litigation.

In recent years, the need for Notaries has grown immensely, due to the internationalisation of the market for legal services, especially within the European Union, and also due to the large communities of business persons, residents and migrants in the UK. Furthermore, the explosive growth in the purchase of homes abroad by UK residents has increased the work of Notaries in England and Wales, since practically all substantial property transactions outside the UK need the involvement of a Notary.


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