Waiver of Notice
Candlefocus EditorOne common setting in which waivers of notice are seen is the probate proceedings of a deceased individual’s will or estate. In this case, all possible parties mentioned in the will must be notified of the event, which can be time consuming and expensive due to the process of serving papers to those specified. However, when individuals who are mentioned in the will, as well as any executors and beneficiaries, agree to sign a waiver of notice, the court is able to bypass the process of serving papers and hold proceedings in their absence, as the notice required has been waived.
Waivers of notice are also often used in corporate settings in which meetings of the board of directors need to take place. Rather than delaying the meeting due to absent members, signing a waiver of notice allows these proceedings to move forward, even with all members present. In addition, business owners might be asked to sign waivers of notice prior to certain events, such as the execution of certain contracts or other documents.
In order to be legally binding and enforceable, waivers of notice must typically fulfill certain criteria. Waivers of notice should be clear and unambiguous, with language that specifies exactly what is being waived and why. In some cases, a written document with the signature of all members in attendance might be necessary, while in other cases a verbal agreement may be sufficient. However, it should be noted that legal advice is sometimes needed in order to ensure that waivers of notice are valid.
While fulfilling the intent of the opposed parties, waivers of notice provide a helpful way for the court to proceed without any additional court costs and time delays. It is important to note, however, that waivers are effective only when all parties involved have agreed to such a document and can save considerable time and money in many different contexts.