Non contentious matters

An application relating to the institution or review of protective supervision or to a mandate of incapacity may be presented to a notary.

Even though the mandate of incapacity is a notarial deed, it is necessary to proceed to its homologation in order to enforce it. Declaring the incapacity of a person means to take away all their civil rights. It is an important consequence which enforcement is subject to a special procedure.

The institution of protective supervision or of a mandate of incapacity before a notary is easier and faster than the procedures before the courts. The notary proceeds with all the necessary steps, without the intervention of a clerk or a judge. The court intervenes at the end of the process, to accept or reject the conclusions of the notary.

Furthermore, the application for the probate of a holograph will may also be presented to a notary.

How we help you:

We conduct all necessary procedure prescribed by the Code of Civil Procedures for the homologation of mandates of incapacity, to probate of a will or to institute protective supervision.

We see to the administration of your property once your mandate of incapacity is homologated or your application to institute protective supervision is accepted by the court.

Did you know that…

Notaries are authorized to institute the procedures required for the homologation of your mandate of incapacity and for the institution of protective supervision.

Did you know that ...

If you don’t have a will, the law will prescribe the transmission of your property without consideration for your family, financial or tax situation.


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2011 June 6

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Yves Emard
Yves Emard
Mr. Yves Emard practices in the field of business law and settlement of estates.
Maryse Piérard
Maryse Piérard