Frequently asked questions about Le rôle du notaire

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My father has passed away. The notary handling the estate has only provided me with a copy of the will and informs me that he does not have the original, which is held by another notary. Is this normal?

Yes. The original of a will is kept by the notary who has custody of it, meaning the one who received it and filed it among his official records (Article 1007 of the French Civil Code). The notary you have appointed to handle the estate therefore only has a copy.
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My notary refuses to establish the act for which I requested him, because I have not transferred the advanced costs, he asked me to the office account. Does he have the right?

Yes, because the National Notarial Regulations ( article 9-1) expressly forbids him from receiving an act without having provisioned a sufficient amount, to cover the expenses, rights, emoluments and fees. The notary cannot consent to his client in advance, through any form or capacity.
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When is document legalisation required?

A document must be legalised when it is intended for use in a country that is not a signatory to the Hague Convention or to any international agreement waiving such formalities. The Ministry for Europe and Foreign Affairs maintains an up-to-date table listing the formalities required according to the destination…
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I had to make a donation-partage to my 3 children. My notary prepared the deed but in the end 2 of my children refused to sign it. The notary is asking me to pay his fees under the "imperfect act". What is it about?

Je devais consentir une donation-partage à mes 3 enfants. Mon notaire a préparé l’acte mais finalement 2 de mes enfants ont refusé de le signer. Le notaire me demande de régler ses émoluments au titre de « l’acte imparfait ». De quoi s’agit-il ? The imperfect deed is the deed…
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My widowed mother has passed away. To establish the certificate of notoriety (acte de notoriété), the notary is asking me to provide her family record book (livret de famille). I cannot find it. Can I obtain a copy?

No. In the event of loss, it is not possible to obtain a copy of the family record book. According to Article 15 of Decree No. 74-449 of 15 May 1974, only a second family record book may be issued, and only to spouses or parents who do not possess…
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