Frequently asked questions

Note that the Chambre des notaires does not hold any notarial deeds. Deeds executed by notaries are not sent to the Chambre, instead notaries keep the deeds in their own records and only report the existence of testamentary dispositions and protection mandates to the appropriate registers. If you would like to search for a will or protection mandate, we invite you to read the relevant procedure.

Depending on the situation, deeds can also be kept by a provisional custodian, an assignee or the Superior Court.

To obtain a copy of a notarial deed, you must:

If you know the name of the notary who executed the notarial deed, use the Find a notary search tool (second tab called “Check whether a notary is registered on the Order’s listing”).

o Make sure to enter the exact spelling of the first name and last name, as registered in the Order’s roll, otherwise you will not get any results.
o The search results will indicate the contact information of the notary and/or the holder who can deliver an authentic copy of the deed, subject to providing the required proofs and professional secrecy.
o If there are multiple holders, refer to the year of the deed you are looking for to get the contact information of the current holder.

If you don’t know the name of the notary who executed the notarial deed, use the Find a notary search tool (first tab called “Find a notary in private practice”) to find a notary nearby who can help you with the process.

If you’re wondering whether you should rewrite your will or just add a codicil, your notary can help by explaining why a codicil is not the right solution. For example, if you want to change multiple provisions of your will, the codicil may end up costing as much as a new will because of its complexity. Additionally, a codicil lets everyone involved see both the original will and the updates, which may cause resentment among your loved ones after your death. By drafting a new will, you make sure any changes remain confidential. While you can legally use a codicil to update your will, your notary, who is bound by a code of ethics and professional responsibility, may refuse to write a codicil to a will that he or she has not executed.

Yes. Signatures do not have to be reproduced for a copy of a notarial act to be considered authentic. They can be missing altogether or they can be mechanically reproduced (e.g., the document can be signed with the person’s first and last name). By making sure that your signature does not appear on authentic copies, your notary helps prevent forgery of your signature. If any third parties (such as banks or government offices) refuse to accept an authentic copy for that reason, you can refer them to the notice dated October 23, 2015, that the Chambre des notaires sent to all notaries.

It is possible that the will provides for the method of renunciation of the liquidator. If this is not the case, the liquidator who wishes to relinquish his office after having accepted it must notify the heirs in writing, give them an account of his administration and obtain a discharge of liability from them.

The law provides that divorce automatically entails the annulment of legacies made in favour of the former spouse if the divorce took place after 1994. You must make sure that your divorce judgment has actually been rendered by contacting the court office or consulting the Register of Civil Status. However, the testator may have clearly expressed their will that the divorce does not annul the legacy. It is possible some clauses and terms of the will may still be effective. We invite you to consult a notary who will read the will and the divorce judgment and tell you what applies to your case.

It is possible that the will provides for the method of renunciation of the liquidator. If this is not the case, the liquidator who wishes to relinquish his office after having accepted it must notify the heirs in writing, give them an account of his administration and obtain a discharge of liability from them.

In a real estate transaction (sale of a home, condo or piece of property), the notary works for both the seller and the buyer, even though he or she is chosen by the buyer. As the notary works for both parties, each party must cover the costs associated with the verifications and disbursements made on its behalf.

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Since the abolition of the mandatory notarial tariff in 1991, fees have been regulated by the Code of ethics of notaries. This Code provides that professional fees must be fair and reasonable according to certain criteria, including the time and effort devoted to the file, its complexity, and the notary’s experience and expertise. Contact your notary to find out more about their professional fees, taxes and the costs of opening a file.

Some notaries are accredited by the Order to act as identity verification agents (IVAs). These notaries are authorized by some government organizations to certify the identity of clients who want keys or certificates (digital signatures) to undertake electronic exchanges with them.

Identity verification is carried out by means of two pieces of ID from reliable and independent sources, and at least one must include a photo.

As a result of the pandemic physical distancing rules, it has been possible to sign notarial acts remotely using the technology-based notarial act since April 1, 2020.

Please note that notaries are subject to physical distancing rules. They should not expose themselves, their clients or their staff to risk. En plus des directives données aux notaires devant tenir des rencontres physiques avec leurs clients, la Chambre des notaires, en collaboration avec des partenaires et le gouvernement, a développé une solution alternative : l’acte notarié technologique accessible depuis le 1er avril 2020.Please note that notaries are subject to physical distancing rules. They should not expose themselves, their clients or their staff to risk. Please note that notaries are subject to physical distancing rules. They should not expose themselves, their clients or their staff to risk. In addition to the guidelines given to notaries who must hold physical meetings with their clients, the Chambre des notaires, in collaboration with its partners and the government, has developed an alternative solution: the technology-based notarial act, available since April 1, 2020.