Omnia Tempus Habent. Make Way for Notaries!

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What has changed since 28 February 2023 about voluntary jurisdiction and authorisations to protect the most vulnerable.

As is probably already well known, from 28 February 2023 notaries have become an alternative to the judge supervising a guardianship in respect of authorisations for the execution of public deeds and authenticated private contracts involving a minor, an interdicted person, an incapacitated person or a beneficiary of special assistance and for those deeds concerning succession property.

In the case of succession property (and subject to the legislation applicable on a case-by-case basis), the persons who could theoretically resort to the issuance of a “notarial” authorization are beneficiaries or heirs, the administrator of the estate in abeyance and the executor of the will.

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