FAQ's

You should always bring your identification documents (identity card or passport), which the notary is obligated to verify. Typically, your marriage certificate and a copy of any marriage contract are required. Other necessary documents depend on the type of matter; for instance, if you're selling property, the property title (deed of sale) is required, or for inheritance matters, the death certificate. Feel free to contact the office via email to inquire about the specific documents needed for your upcoming visit.

You can choose any notary for each new matter. The fact that you consulted another notary previously for a different matter is inconsequential. You can also change notaries at any time during the course of a matter, but late changes may incur additional fees. Specific ethical rules apply to notaries when they succeed one another, particularly regarding the remuneration for completed acts.

The legal principle of free choice of notary allows you to designate a different notary, even if this was not done at the beginning of the matter. Again, late decisions may result in additional fees. In any case, seeking advice from a 'third' notary must be done transparently for all parties involved and the initially designated notary. The role of the newly consulted notary is not to oversee the work of their colleague but to collaborate in completing the transaction, regardless of when their designation occurred.

It is common to misplace old deeds from several decades ago. This poses no difficulty. We have the means to identify these deeds, their signing dates, and the notary who received them. A request for a copy of the deed can be made to this notary if they are still practicing, or to their successor. If the deed was executed more than 75 years ago, it is likely that a copy must be requested from the State Archives of the province. Copies generally incur a fee.

Yes! The notary is not just an authenticator; they provide extensive advice. This includes ongoing matters and beyond. For example, managing an incapacitated parent's estate, considering lending money to a child, contributing funds for work on a property you do not own, etc. Of course, notaries are not competent in all legal matters. Do not hesitate to contact the notary if you have a question within their area of expertise.

That's the question of the month!

Communication should be appropriate. While email is a convenient and quick way to exchange information, it may not be suitable for notarial advice, which is often complex and requires a thorough understanding of personal or family context. Typically, we recommend a meeting, possibly via video conference. However, simple advice may be provided via email within the context of an ongoing matter (or even outside of a matter, but only to a regular client).

The law requires the notary to be 'impartial'. Unlike a lawyer, whose role includes advocacy, a notary cannot take sides for the party who appointed them. If parties disagree, the primary role of the notary (or notaries if multiple are involved) is to seek an amicable and legally justified solution. This may involve advising their client to adopt a more conciliatory position. In cases of persistent disagreement, each notary ensures that all parties involved are fully informed.
Back to home page