My father has just passed away. He had drawn up his own will and then entrusted it to his notary. For the settlement of the succession, is the depositary notary obliged to record the opening of the will on death and if so, within what time frame?

Yes. The law provides that the notary depositary of the holographic will, draws up a report "on the spot" of the opening and status of the will, specifying the circumstances of its deposit. The original of the will is appended to the minutes. These documents are then maintained in the…
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We applied for guardianship of my father. Is it up to us to pay the guardian?

No. If the measure of guardianship is entrusted to a member of the family, it is then exercised free of charge. Sometimes, the guardianship judge or the family council, realizing the importance of the property which needs to be managed or the difficulty of exercising the measure, may award compensation…
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I plan to have a mandate for future protection drawn up by my notary. Is it true that this warrant cannot be challenged once activated?

No. The future protection mandate allows you to designate in advance one or more people to represent you, in the event that you or you are no longer able to provide for your interests alone. However, the law provides for cases of termination of the mandate (article 483 of the…
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Meet the notaries of France at the International Agricultural Show

Salon international de l'Agriculture - miniature
23 February 2023

Meet the notaries of France at the International Agricultural Show

My property has been for sale for 2 years. The notary had sent a declaration of intent to alienate to the municipality, which waived its right of pre-emption. Do I have to make another declaration to the commune if I find a buyer?

I put my property up for sale 2 years ago. The notary had sent a declaration of intent to alienate the municipality, which had then waived its right of pre-emption. The sale ultimately did not go through. I found a new buyer. Is it necessary to re-declare to the municipality…
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My grandfather gave me a piece of land. The deed of gift contains an inalienability clause valid until his death. I need to borrow money from a bank. Can the latter register a mortgage on my land?

Yes . If the inalienability clause has the effect of prohibiting you from selling or giving away the property you have received, it is always possible for your creditors to take out a mortgage registration on the property given (Civ. 1e, Oct. 9, 1985, n°84-13.306 concerning a judicial mortgage and…
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I am married under the regime of legal community. I must receive compensation in accordance with a decision of the industrial tribunal, in compensation for my moral damage following the harassment to which I was subjected by my employer (...)

... Will the amount collected fall under the community? No. If the community consists of all the property acquired during the marriage by the couple, the indemnities which are exclusively attached to the person of the husband or wife following an action for compensation for bodily injury or moral, constitute…
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I wish to grant a loan of €60,000 to one of my children Am I obliged to call on my notary to draw up the loan contract?

No, but it is preferable. In accordance with article 1359 of the civil code, a writing is required when the sum lent is greater than 1500 €. The use of a notary is recommended to avoid any dispute, especially between your heirs. Indeed, you are assured that the deed will…
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I had to make a donation-partage to my 3 children. My notary prepared the deed but in the end 2 of my children refused to sign it. The notary is asking me to pay his fees under the "imperfect act". What is it about?

Je devais consentir une donation-partage à mes 3 enfants. Mon notaire a préparé l’acte mais finalement 2 de mes enfants ont refusé de le signer. Le notaire me demande de régler ses émoluments au titre de « l’acte imparfait ». De quoi s’agit-il ? The imperfect deed is the deed…
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