How do you determine the willingness of a signer?

• A. By checking their handwriting
• B. By asking the signer if they are signing of their own free will
• C. By verifying that a witness is present
• D. By ensuring the signer is over 21

Answer: (B)

The key idea is verifying that the signer is acting of their own free will, not under pressure or duress. The most reliable way to establish this is to ask the signer directly if they are signing of their own free will. This direct question makes the signer consciously acknowledge their voluntary participation, which is essential for a valid notarial act.

Handwriting analysis won’t prove willingness; a signature can be genuine or coerced, and handwriting won’t reveal coercion or consent. The presence of a witness doesn’t by itself confirm willingness; someone could be signing under pressure even with a witness. Age alone doesn’t guarantee willingness—being over a certain age doesn’t address whether the signer is free to choose to sign.

If there’s any doubt about willingness, the notary should pause and address that concern rather than proceed. Asking the signer directly about their voluntary participation is the appropriate check for willingness.