Frequently asked questions about Le rôle du notaire

Sophie Sabot-Barcet, notary, answers Marc's question: should I make an appointment with a notary before getting married? Yes, to find out beforehand and receive advice on the choice of matrimonial property regime. Marriage is a contract between the parties. If you don't go to a notary, you'll be married in…

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…

In such a case, the notary’s fees for drafting the deed of exchange will be calculated on the higher value of the two apartments (Article A.444-117 of the French Commercial Code).

Yes, but under specific conditions. In principle, both spouses must be present before the notary to sign the marriage contract (Article 1394 of the French Civil Code). However, case law allows a spouse to be represented by a third party. The representative must hold a special authentic power of attorney…

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.