WV Notary Conflicts of Interest and Disqualification 3 — Questions and Answers
Question 1: A West Virginia notary is a named beneficiary in a will she is asked to notarize. What should she do?
- Decline and refer the testator to another notary (Correct answer)
- Notarize it and disclose her interest verbally
- Notarize it because wills are exempt from conflict rules
- Cross her name out of the will and then notarize
Correct answer: Decline and refer the testator to another notary
A direct beneficial interest, such as being a beneficiary, disqualifies the notary, who should decline and refer the signer elsewhere.
Question 2: Under West Virginia's notary law, which relative's involvement in a transaction automatically disqualifies the notary by statute?
- The notary's spouse (Correct answer)
- The notary's cousin
- The notary's adult sibling
- The notary's grandparent
Correct answer: The notary's spouse
The statute expressly names the notary and the notary's spouse; other relatives are not automatically disqualifying absent a direct beneficial interest.
Question 3: A notary's adult son asks her to notarize his apartment lease, in which she has no financial stake. Under West Virginia law, this is best described as what?
- Legally permitted, though many experts advise against notarizing for close family (Correct answer)
- Strictly prohibited by statute
- Allowed only with court approval
- Allowed only if the landlord consents
Correct answer: Legally permitted, though many experts advise against notarizing for close family
Only the notary's or spouse's party status or direct beneficial interest triggers statutory disqualification, though notarizing for close relatives is discouraged as a best practice.
Question 4: A West Virginia notary is offered a percentage of a sale's proceeds in exchange for notarizing the sales contract. Accepting would create what?
- A direct beneficial interest disqualifying her from the notarization (Correct answer)
- A permissible bonus payment
- A standard notarial fee arrangement
- A tax reporting issue only
Correct answer: A direct beneficial interest disqualifying her from the notarization
Compensation contingent on the transaction's completion gives the notary a direct beneficial interest and disqualifies her.
Question 5: Which fee arrangement keeps a West Virginia notary free of a disqualifying interest?
- Charging the statutory notarial fee regardless of the transaction's outcome (Correct answer)
- Taking a commission from the transaction proceeds
- Accepting stock in the company whose documents she notarizes
- Receiving a finder's fee if the deal closes
Correct answer: Charging the statutory notarial fee regardless of the transaction's outcome
A flat, legally authorized notarial fee is expressly excluded from being a direct beneficial interest.
Question 6: A notary who is the treasurer of a local charity is asked to notarize a donor's gift agreement benefiting the charity, from which the notary receives no personal gain. May she notarize under West Virginia law?
- Yes, because she has no personal direct beneficial interest and is not a party (Correct answer)
- No, because officers of any involved organization are always disqualified
- No, because charity documents require the Secretary of State
- Yes, but only after resigning her treasurer position
Correct answer: Yes, because she has no personal direct beneficial interest and is not a party
Disqualification requires the notary personally to be a party or have a direct beneficial interest, which an unpaid officer role alone does not create.
Question 7: Which document may a West Virginia notary properly notarize?
- A neighbor's power of attorney naming the neighbor's daughter as agent (Correct answer)
- Her own affidavit of residency
- A contract in which her spouse is the buyer
- A deed granting her a life estate
Correct answer: A neighbor's power of attorney naming the neighbor's daughter as agent
A document involving unrelated parties with no benefit to the notary or spouse presents no conflict.
WV Notary Conflicts of Interest and Disqualification 3
A West Virginia notary is a named beneficiary in a will she is asked to notarize.
What should she do?