Waiver of Notice

What is a waiver of notice?

A waiver of notice is a written statement in which a person voluntarily gives up the right to receive formal advance notification of a legal proceeding or meeting. It allows the proceeding to go forward without having provided the standard notice to that person.

Key points:
* It does not necessarily waive a person’s substantive rights (for example, the right to information about the matter), but it does remove the requirement that they be notified in advance.
* Common contexts: probate (wills and estates) and corporate governance (board or shareholder meetings).

How it works — probate

In probate, interested parties (heirs, beneficiaries) are normally entitled to formal notice of hearings. If they sign waivers of notice:
* The court can proceed without issuing public or personal notice to them.
* An appointed administrator or representative can appear on their behalf.
* The process can be faster and less costly, helping heirs receive distributions sooner.

Risks in probate:
* Signing a waiver can make it harder later to contest the will, challenge the choice of executor, or raise other objections that require a hearing.
* Heirs who want to closely monitor or potentially contest the process should think twice before signing.

How it works — corporate settings

Boards of directors, committees, or shareholders may use waivers of notice to:
* Hold emergency or special meetings without waiting for formal notice periods.
* Preserve the legal validity of actions taken at a meeting if notice requirements are later questioned.

Best practices for corporations:
* Obtain waivers in writing before or immediately after a meeting.
* Attach signed waivers to the official meeting minutes as evidence.
* Consider limited or conditional waivers that apply only to specific meetings or issues.

Risks and consequences

• For heirs: diminished ability to contest estate matters or preserve procedural objections.
• For corporate stakeholders: potential disputes over whether actions taken without full notice are legitimate.
• Refusing to sign: you can refuse, but proceedings may be delayed while proper notice is provided.
• Revoking a waiver: courts rarely allow revocation. A party seeking to revoke must typically show strong grounds such as fraud, misrepresentation, misconduct, clerical error, newly discovered evidence, or other sufficient cause.

Alternatives

• Conditional waiver — applies only under specified emergency conditions.
• Limited waiver — covers only particular meetings or topics.
• Representation by proxy or attorney — preserves participation while avoiding repeated notice requirements.

Practical advice

• Read any waiver carefully and understand what rights you are giving up.
• Seek legal advice before signing, especially in probate matters where later challenges may be important.
• Use written, specific waivers in corporate contexts and file them with meeting records.

Bottom line

A waiver of notice can speed proceedings and reduce administrative costs, but it also carries risks—especially in probate—by making later challenges more difficult. Consider narrower alternatives or consult an attorney before signing.