Frequently asked questions about Le rôle du notaire

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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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My spouse and I are German nationals. We are going to buy a house in France from a couple where the husband is also German. The preliminary sale agreement was written in German. The notary tells us it is not possible for the authentic sale ...

....deed to be in German. Is this correct? Yes. While it is possible to draft a private agreement in a foreign language under certain conditions, documents prepared by a notary must be written in French.
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My father has passed away. The notary handling the estate only shows me a copy of his will and informs me that the original is with another notary. Is this legal?

Yes. Only the notary who holds the will (to whom your father entrusted it) is the custodian of the original. As soon as he is informed of the testator’s death, he must immediately draw up a report of opening and condition of the will, specifying the circumstances of its deposit…
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My father is planning to give me bare ownership of an apartment he owns. The notary has estimated its fee without considering the dismemberment of ownership. Is this normal?

Yes. For the fees associated with a gift deed, the notary's fees are calculated based on the full value of the property. This applies even when the donor retains the usufruct of the property (art. A444-67 C. com.).
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My Charente-Maritime notary has to come to Paris to sign a deed of sale. As he doesn't have any premises in Paris, can this signature take place in my buyer's professional warehouses?

No. Article 12.1 of the national regulations governing notaries stipulates that " In the interests of the dignity and independence of his functions, the notary may, save in exceptional circumstances, only receive clients and deeds in his office, in ancillary premises and in one or more ancillary offices or in…
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