Also known as: scriba · scrivarius · scriveners · scribe · notary · copyist
Written by attorneys · grounded in primary & secondary sources — see below
A person who writes or drafts a document for another, typically for a fee. The drafter records the client's stated terms without providing legal advice or independent counsel on the substance of the document.
Simon Stern met with his client and recorded the exact distribution instructions for the will on a printed form. The client then appeared before a notary public and acknowledged the signature in the notary's presence. The document satisfied the statutory execution requirements because the scrivener had limited his role to transcription.
Santiago Sanchez instructed his attorney to prepare a will that left his estate to his fiancée. The attorney transcribed the instructions without discussing the effect of a later marriage. After the wedding the court considered extrinsic evidence of the scrivener's error to determine whether the will had been revoked.
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Sebastian Santos told his lawyer the precise language he wanted for a gift to a hospital that included a racial condition. The attorney typed the clause exactly as directed. Years later the court examined whether the scrivener's mechanical recording of the condition affected the validity of the bequest.
Solomon Silver retained counsel to draft a will that would avoid the rule against perpetuities. The attorney transcribed the dispositive provisions without further analysis. After the testator's death the intended beneficiaries sued the scrivener for negligence in failing to draft a valid instrument.
Seth Shapiro asked his lawyer to prepare a will that omitted his illegitimate son. The attorney recorded the omission without offering advice on state inheritance law. After death the son challenged the will, and the court considered the scrivener's limited role in recording the testator's directions.
Selena Singh met with her attorney and stated the beneficiaries she wished to name. The attorney typed the will without providing independent counsel. In later probate proceedings the court evaluated whether the scrivener's purely ministerial role rebutted the presumption of undue influence.
An attorney acts only as a scrivener when the role is limited to recording the client's stated terms without offering independent advice or analysis. Courts examine whether the drafter provided meaningful counsel on the substance of the document. If the attorney merely transcribed instructions, liability for legal errors is reduced.
When the drafter functioned solely as a scrivener, the absence of independent advice may strengthen rather than rebut an undue influence presumption. Courts look at whether the attorney merely wrote down the testator's words or supplied counsel that could have broken the influence. The scrivener label therefore becomes evidence on the question of independent judgment.
A non-lawyer who merely records terms supplied by the client without giving legal advice generally avoids unauthorized-practice claims. The key inquiry is whether the scrivener offered any advice on legal rights or remedies. Pure transcription of client instructions stays within permissible bounds.
…beneficiary, which designation also cannot be changed without further spousal consent, witnessed by a plan representative or notary public. § 1055(c)(2). Sandra Boggs, as the surviving spouse, is entitled to a survivor's annuity under these provisions. She has not waived her right to the survivor's annuity, let alone…