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The notary’s obligations

A question ? Need help ?

Under a future protection mandate established by the notary of my father (who has since been diagnosed with Alzheimer's), I have become his agent. Is it possible for me to account for my management to my own notary?

No. When the mandate is established in authentic form, the law requires the agent to render his accounts and all "useful supporting documents" to the drafting notary of said mandate (article 491 of the Civil Code).
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Can a notary refuse to draw up a deed?

No, except in specific circumstances. “The notary is required to provide his or her professional services in compliance with Articles 5 and 22 of the Code of Notarial Ethics” (Order of 29 January 2024 approving the professional rules applicable to notaries and the professional regulations of the notarial profession). By…
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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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Do I need to make an appointment with a notary before getting married?

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…
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