Frequently asked questions about Le rôle du notaire

Other themes

A question ? Need help ?

Yes, but… The law applicable to your mother’s estate is French law, since her tax residence was in France. You may choose any notary you wish, but only a French notary can file the deeds recording the transfer of ownership of your mother’s real estate with the Land Registry (Article…

Yes. Any co-ownership agreement governing the management arrangements for jointly owned real property must be executed as a notarised deed. Indeed, to make it enforceable against third parties, the agreement is subject to land registration formalities (French Civil Code, Arts. 815-1, 1873-2 and 710-1, para. 1).

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…

No, but it is preferable. In accordance with article 1359 of the civil code, a writing is required when the sum lent is greater than 1500 €. The use of a notary is recommended to avoid any dispute, especially between your heirs. Indeed, you are assured that the deed will…

No. When the mandate is established in authentic form, the law requires the agent to render his accounts and all "useful supporting documents" to the drafting notary of said mandate (article 491 of the Civil Code).

Frequently asked questions about Le rôle du notaire

A question ? Need help ?

I am a Swiss tax resident. My mother, who passed away this year, lived in France in a house she owned and did not make a will. Can I appoint a notary in Switzerland?

I jointly own a property with my sister following our mother’s death. If we want to draw up a co-ownership agreement, do we need to go to a notary?

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?

I wish to grant a loan of €60,000 to one of my children Am I obliged to call on my notary to draw up the loan contract?

Under a future protection mandate established by the notary of my father (who has since been diagnosed with Alzheimer's), I have become his agent. Is it possible for me to account for my management to my own notary?