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What is a Waiver of Notice?

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  • Written By: Mary McMahon
  • Edited By: O. Wallace
  • Last Modified Date: 17 November 2016
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    Conjecture Corporation
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A waiver of notice is a legal document that waives the legal right to formal notification. There are several settings in which such documents can be used. It is important to note that this waiver does not change any rights beyond the right to notice; executing such a document does not mean that someone gives up interest in the matter at hand, for example. Nor does it mean that the signatory will be unable to obtain information about legal proceedings.

A common example of this document can come up in the process of probating a will. People with an interest in the will may sign a waiver of notice that indicates that they waive the right to be notified about legal proceedings regarding the will. This means that, if they want to be present, they need to contact the executor to find out when these events will occur so that they can show up. Their other legal rights in respect to the will are intact.

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When someone is asked to sign such a waiver, it is important to examine the document thoroughly to confirm that it does not contain any surprises. If any clauses are unclear or not acceptable, this should be discussed before the document is signed. If the reason for the request to sign the document is unclear, a lawyer can be consulted for more information. Once the waiver of notice is signed, it is considered executed, and the signatory has waived the legal right to notification.

A waiver of notice may also be used in a situation in which a board needs to hold an emergency meeting. Under normal procedure, people with an interest would need to be formally notified, sometimes in written form delivered by a courier. When a waiver is entered, this requirement is relinquished for that meeting only in order to allow the meeting to proceed.

Boilerplate forms are available in books that provide people with basic legal forms they can use. Some legal websites also provide similar resources. Before using such forms, people should make sure that they are appropriate for use in their area. The legal requirements for such forms can vary, and using a form designed for one region may not be acceptable in another. If there are special circumstances, it may be advisable to have a lawyer draft the document.

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strawCake
Post 2

@starrynight - Curiosity aside, there are plenty of good reasons to sign one of these. As the article mentioned, a waiver of notice is often used during probate on a will.

This makes a lot of sense! Legal proceedings concerning wills can be time consuming and it's often unnecessary for the people involved to even be present. I can imagine in this case I would just sign the paper and check in with the executor every now and then to see how things were going.

starrynight
Post 1

It's always a good idea to read forms over very carefully before signing them. As far as a waiver of notice, I can see how they would apply in some situations.

However, I don't see myself ever signing one. Inquiring minds want to know!

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