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Understanding Notary Fees

A question ? Need help ?

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 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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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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My father is planning to give me bare ownership of an apartment he owns. The notary has estimated its fee without considering the dismemberment of ownership. Is this normal?

Yes. For the fees associated with a gift deed, the notary's fees are calculated based on the full value of the property. This applies even when the donor retains the usufruct of the property (art. A444-67 C. com.).
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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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