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Can you do an Affidavit of Scrivener's Error for a will in Massachusetts?
Wiki User
∙ 14y ago
I have never heard of a Scrivener's Affidavit with regard to a will. If you think there is an error you would need to have the attorney file a motion to be heard and have them explain their error to the judge. It would be up to the court to modify the will.
If the testator is still living the attorney should draft a new will making any necessary corrections.
Wiki User
∙ 14y ago
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How will a scrivener's error impact the validity of a note mortgage or deed?
As long as the error is corrected with a scriveners amendment and recorded, then the deed stands as intended.
When was Worshipful Company of Scriveners created?
Worshipful Company of Scriveners was created in 1373.
What is a scrivener's affidavit?
A scrivener's affidavit is a statement executed by a person who made a minor error in a legal document such as a deed, mortgage, agreement or survey. They are most often executed by attorneys and surveyors. The affidavit clearly sets forth the error and the correction. A scrivener's affidavit cannot be used to make any substantial changes to names of grantors and grantees or property descriptions.
Can you do an Affidavit of Scrivener's Error for condominium document error if there is a mistake in how the association dues are calculated?
Yes. That type of error could be corrected by recording a Scrivener's Affidavit that explains the error and correction in detail. The issue must be addressed by the attorney who drafted the condominium documents as the legal representative of the developer. The affidavit should be executed by the scrivener who executed and notarized the original document.
Can anyone do a scirverners error for a deed in Tennessee?
No. A Scrivener's Affidavit must be executed by the professional who drafted the document that contains the error.
Can a name affidavit accomplish the same thing as a scrivener's affidavit?
They are two different instruments. A name affidavit involves identifying as the same person as being one person with two different names. A scrivener's affidavit involves correcting a minor error in a legal document.
Can another person do an affidavit of Scrivener's error or must it be the original Scrivener?
The scrivener must file the scrivener's affidavit. If that scrivener is not available you can check your state laws to see if there is another type of affidavit that could be used to explain the problem. You can add more details on the discussion page.
Is evidence legal if the spelling in incorrect on arrest warrant?
If a spelling or other error does not substantially change the facts of the case, the error is irrelevant to the case's outcome.Added; Minor incorrect entries, or mis-spellings, which do not materially alter the clear intent of the warrant (or other document) are known as "scriveners errors."
Is it common practice for an attorney to file an affidavit without going over it with the plaintiff?
It is never 'common practice' for any attorney not to keep their client informed. Failure to do so could lead to disciplinary action by the Bar depending on the particular circumstances. An affidavit is signed by the individual having personal knowledge of the facts contained in the affidavit. The person signing the affidavit can be called as a witness. I do not think your attorney wants to be called as a witness at the trial. As an attorney, I would submit an affidavit attesting to certain things, such as my client being declared indigent already by the court, in support of a motion for funds for a private investigator, etc. Take a look at what the affidavit was that was submitted. It the affidavit was based on personal knowledge that the attorney did not possess, then there was an error made. The judge will be quick to catch the error and will ask the attorney if he is ready to testify.
How do you correct a middle initial on a deed?
If your middle initial was written incorrectly in your deed you should return to the attorney who represented you when you purchased your property and ask her to draft and record in the land records a scrivener's affidavit explaining the error and ask to have it referenced to your deed.
What conditon is known sometimes as scriveners palsy mogigrapha or as agraphospasm?
writers cramp
Does it matter if your dl number is correct on a traffic ticket?
No, as long as all the rest of the information on the ticket pertaining to you is correct and you can be identified from it. The fact that the officer failed to write all the digits correctly is of little to no consequence. In law this is known as a "scriveners error."
