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The role of a notary

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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 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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I am taking out a loan, and the bank requires a mortgage to be registered on my property. For cost reasons I would like the bank to handle the formalities. My notary says this is impossible. Is that true?

Yes. For a mortgage to be valid it must be executed by notarial deed (Civil Code, Article 2409). The notary handles registration and publication with the land registry service. The mortgage then becomes enforceable against third parties. The notary must practice in France if the property is located in France…
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I am selling my house. My notary sent the declaration of intent to alienate (DIA) to the town hall. If the latter decides to exercise its right of pre-emption, does it have to acquire the property at the price initially fixed?

No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…
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