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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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 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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My future spouse and I have an appointment with the notary to sign our marriage contract. Unfortunately, I have just learned that I will not be able to attend due to professional obligations. Is it possible to appoint someone by proxy?

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…
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