What is a Waiver Of Notice
Waiver of notice is a legal document that waives the right to the requirement for a formal notification, commonly to allow legal proceedings to move along faster. It may be used in a number of situations, such as during the process of probating a will, the serving of legal documents or when a corporate board of directors needs to hold an emergency meeting.
BREAKING DOWN Waiver Of Notice
In a quest for timeliness, a waiver of notice introduces the risk that an interested party to an important proceeding may not be present. As probate court deals with vital and sensitive issues such as wills, estates and trusts, one of the most fundamental requirements with a probate court proceeding is adequate notice to interested parties. In probating a will, a waiver of notice consents to the appointment of an administrator or executor and waives notice of the hearing on the petition.
Waivers of notice are considered for efficiency in probate court and can save time and money in proceedings that would normally subject heirs to lengthy waits and high legal fees. In probate, a waiver expedites the process of opening estate for review by dispensing with a formal hearing and any discussion of replacing the proposed executor or administrator. By signing a waiver, however, it will be difficult for an heir to later contest the estate by challenging the validity of a will or choice of executor. In the probate process, a hearing is required to make these challenges.
Waivers of notice of settlement are also common in probate court. These forms can waive the requirement to receive a written notice of the filing of a settlement judgment, but they do not nullify any court settlements or similar proceedings.
Waiver of Notice for Corporate Purposes
In situations regarding the meeting of a board of directors or similar governing group, a waiver of notice provides an assurance that the proceedings of a meeting where notice is waived will be considered legal and valid if later challenged. In these cases, corporate attorneys recommend all directors sign the waiver of notice ahead of the meeting or a waiver of notice for future meetings. A copy of the signed waiver should be attached as evidence to the minutes of the meeting in question.
Employees under contract who must resign from their position quickly may consider writing a waiver of notice period letter to their employer requesting that the notice period be waived.