Frequently asked questions about Le rôle du notaire

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Can we still contact a notary during containment? And if yes, how?

Yes. In accordance with the measures of Decree No. 2020-260 dated March 16, 2020, the approximately 6,000 notarial offices have closed their reception to the public since March 17, 2020. But about 90% of them continue their activity remotely. They can be reached by phone, email and videoconference. Notaries are…
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What notarial acts need to be postponed due to containment?

Acts which do not present any degree of urgency must be postponed. Mentioning a typology of acts here is difficult. The profession is working to establish all the documents, in particular through the means of a remote appearance via Visio conference. Only proven emergency situations could be of a nature…
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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 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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My widowed mother has passed away. To establish the certificate of notoriety (acte de notoriété), the notary is asking me to provide her family record book (livret de famille). I cannot find it. Can I obtain a copy?

No. In the event of loss, it is not possible to obtain a copy of the family record book. According to Article 15 of Decree No. 74-449 of 15 May 1974, only a second family record book may be issued, and only to spouses or parents who do not possess…
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