Frequently asked questions about Le rôle du notaire

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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?

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…
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Can I change my notary?

Do I have the right to change my notary when I have already made a last living gift to him 15 years ago? Do you have to justify this request? Notary David Ambrosiano answers your questions on BFM Business's "Le Club du Droit / Passez-moi le notaire" program. The answer…
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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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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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