As true local and family legal practitioners, notaries are present at every important milestone of a person’s or corporation’s life. Their advice helps you assess a decision’s legal implications. Whether it’s a marriage, buying a first home, starting a business and passing it on to the children, or writing a will or a separation agreement, their legal training and knowledge allow them to help their clients make the best choices and informed decisions.
Lawyer or Notary? Both notaries and lawyers are authorized to provide advice in all areas of the law. Their exclusive prerogatives are what set them apart: The notary has the status of a public officer; The lawyer has the power to plead before the courts.
Notaries: Top-notch legal advisors
Notaries are unparalleled legal advisors whose approach focuses on prevention, conciliation and alternative conflict resolution rather than litigation. They work on finding common ground and use the appropriate conflict resolution method, such as mediation between co-owners or succession mediation. Through their preventive intervention, notaries help unclog the court system and promote access to justice. They may also act in cases that are not contested in court and are authorized to represent a person before the courts for certain non-contentious proceedings.
A public officer ensuring your documents’ reliability
The fundamental distinction between notaries and other legal practitioners is the status of public officer conferred on them by the government. As a public officer, the notary has the duty to execute acts in the interest of all persons, avoiding any bias. They make sure that everyone has understood the explanations and agrees on each clause of the document. This ensures that the parties are able to express informed consent.
The government recognizes the notary’s power to authenticate certain acts they draft. The veracity of the content, date and signature of these documents stand in court with no need for further authentication. For certain acts, the notarial form is mandatory, e.g. real estate mortgages, declarations of divided co-ownership, gifts and marriage contracts.