Freely and Willingly Signing a Document: Anytime, Anywhere

What does it mean when a document says that you are freely and willingly signing it? This is a common question asked often when individuals seek to notarize a document. Aim Notary often needs to address questions such as why the document states that the signer must be signing freely and willingly. This is a very important phrase on documents requiring a notary public signature. It is also an obligation that a notary public is required to ask and/or observe during the notarization process. Signing a document freely and willingly is also a requirement for remote online notarization such as the ones performed by Aim Notary. At Aim Notary, we provide notary services online with access to a virtual notary 24 hours a day.

First, lets discuss what it means to ‘freely’ sign a document. To freely sign a document, the signer must be without the following: bribes, threats, compulsion, restraint, restriction, control of another person, or any undue influence. Examples of this maybe if a person is dealing with certain illnesses or medical conditions that may otherwise not allow them to ‘freely’ sign the document. Another example would be if a person is taking drugs that may remove their ability to make free decisions as a result of being under the influence. Undue influence can be a result of pressure from another individual to sign the document. The individual could be a family member, friend, boss, or acquaintance. The main thing to remember about the term ‘freely’ when signing a notarized document, is that no one is forcing the signer to sign the document. When a signer freely signs the document, the signer is stating that they are able to choose whether or not to sign the document and that they choose to sing it as well as the signer is agreeing to the statements within the document. Lastly, the signer is agreeing that no one is putting pressure or undue influence on them to sign the document.

Next, let’s discuss what it means to ‘willingly’ sign a document. Willingly connects with the ‘freely’ aspect of signing a document. In the ‘freely’ definition it mentions a signer must be signing without the pressure of undue influence by another individual. By ‘willingly’ signing a document the signer is stating that they have knowledge of what they are doing/signing and are doing so to fulfill a purpose or design they have chosen. An important note that the idea/signing in itself may have not originally been the signers own; however, the signer has accepted it as their own prior to performing it willingly. To ‘willingly’ sign a document means without undue pressure or influence from another individual and to accept the contents of the document to be signed.

Together to ‘freely and willingly’ sign a document, means the signer is waiving any reservations about the signing, agreeing to be bound to by the statements in the document, and are following the terms and conditions within the document itself. If the document is a sworn jurat or requires a sworn oath, the signer is signing the document under oath or affirmation, which can potentially lead to penalties of perjury if the statements in the document are not accurate or truthful.

Important Note: the terms ‘freely and willing’ does not require professional medical personal to evaluate an individual prior to signing the document. Being of sound mind and doing something freely and willingly are not the same. The same concept applies to the idea that the singer must understand every detail of the document. A singer does not have to understand every detail within the document that they are singing; however, if they do have questions, they need to ask them of the individual/business/agency in which they are singing the document for. In most cases only they or a lawyer can explain in detail each item on the document they are signing. Unfortunately, a notary public can not attempt to explain items to a signer as it is against the law for notaries public to provide a signer with legal advice. When in doubt, a signer needs to refer to the giving party of the document for questions. Aim Notary seeks to provide all signers with quick and easy method for freely and willingly signing their documents.