A “non-contentious matter” is a matter that is not challenged. Matters that can be taken care of by a notary include application for a name change, homologation (court approval) of a protection mandate, opening of protective supervision, and even a request for judicial acquisition of property rights. Your notary can represent you as counsel in these requests and obtain a court decision.
Homologation of a protection mandate
You’ve been appointed mandatary of an incapacitated person. Although that person was as diligent as possible in preparing the “mandate in case of incapacity” (also known as a “protection mandate”), it needs to be validated in court before being used. Your notary can prepare and submit the application for court approval so that you can make the decisions required for the well-being of the person involved as soon as possible.
Opening of protective supervision
When a loved one is declared incapacitated without having previously named a mandatary by way of a protection mandate, you will have to deal with the opening of protective supervision, which must be done by submitting a court application. A tutor is appointed when the person is partially or temporarily incapacitated, and that tutor’s powers are limited. A curator is named if the person is totally or permanently incapacitated, but a curator’s powers are broader. Your notary can guide you through the administrative and legal steps required to appoint a tutor or curator in order to protect the best interests of the incapacitated person.
Probating holograph wills and wills made in the presence of witnesses
There are two types of non-notarial wills: a holograph will and a will made in the presence of witnesses. Both types are legal, provided they adhere to certain rules and are probated by a court after the death of the will-maker. Once probate is obtained, those responsible for the estate and the heirs named in the will can use it to liquidate and divide up the inheritance.
Application for a change of name
There are many valid reasons to apply for a name change. For example, the name you generally use is not the same as the one on your birth certificate, your name is foreign and too hard to pronounce or write, or your name lends itself to ridicule or has negative connotations. A notary can guide you through the various administrative and legal procedures to deal with a name change.
Prescription and judicial acquisition of property rights
Whether it is to settle a property title issue or to acquire a plot of land that you claim to be yours, your notary will prepare the court application to obtain a ruling that gives you property rights to the building in question.
Appointing a tutor for a minor child
In the event of the death or incapacity of parents, someone must be appointed to assume all of the parental responsibilities. If the parents named a dative tutor in a non-notarial will or protection mandate, your notary can help you submit an application to have the will probated or the mandate validated so that the tutor can perform his or her duties. If the parents did not provide for this possibility in a valid document, your notary can submit an application in court to establish a tutorship council that will ensure the minor’s protection.