California Wills & Trusts: December 2007 Summary

Legal Developments

Revised Notary Acknowledgement (effective January 1, 2008)

On October 10, 2007 Assembly Bill 886 was signed by Governor Arnold Schwarzenegger effective January 1, 2008.  The new law revises the statutory acknowledgment and jurat certificates as follows:

1) Removes the words "personally known to me" from the statutory acknowledgment and jurat certificates; and

2) Adds the words "I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct" to the statutory acknowledgment certificate. 

Click here to link to the full text of AB 886 on the California Secretary of State web site.

All three California Wills & Trusts titles are written so that the new Notary acknowledgement language appears automatically when you create a document on or after January 1, 2008.  Any documents created prior to January 1, 2008 will contain the old Notary acknowledgement text. 

California Wills & Trusts: Revised Law & Strategy and Question Help for Question 1248 (Acknowledgement officer Name) and Question 1249 (Acknowledgement officer Title), and Notary block in following documents: Advance Health Care Directive, Amended and Restated Revocable Inter Vivos Trust, Amendment to a Revocable Inter Vivos Trust, Assignment, Community Property Declaration, Durable Power of Attorney for Assets, Nomination of Guardian, Notice of Revocation of DPA or Directive, Revocable Inter Vivos Trust, Special Power of Attorney for Trust, Trust Transfer Deed, Trustee's Certification of Trust, and Trustee's Certification of Abstract of Trust;

California Irrevocable Trusts: Revised Law & Strategy and Question Help for Question 473 (Acknowledgement Officer Name) and Question 474  (Acknowledgement Officer Title), and Notary block in following documents: Life Insurance Trust, Annual Exclusion Trust For Grandchildren, Annual Exclusion Trust For Children, Qualified Personal Residence Trust (QPRT), Grantor Retained Annuity Trust (GRAT).

Rev. Proc. Charitable Remainder Trusts: Revised Law & Strategy and Question Help for Question 47 (Acknowledgement Officer Name) and Question 48  (Acknowledgement Officer Title), and Notary block in Rev. Proc. Charitable Remainder Trust.