What is the role of a notary?

As a specialist in preventive law, a notary is a public officer whose role is essentially to advise their clients at every stage of their lives. They also draft legal documents and facilitate understanding between different parties.

It may sound simple, but it's quite the opposite! Working across multiple fields and situations, notaries are multidisciplinary experts whose importance and relevance cannot be underestimated. This article is therefore entirely devoted to introducing and explaining the fields of expertise of this professional.

Notaries: legal advisors for every stage of your life

Did you know a notary can accompany you throughout your life? In fact, this legal expert is well placed to advise you through every important moment, whether it be:

• The purchase of a property;
• The creation of a company;
• A marriage;
• A separation or divorce;
• The signing of contracts;
• The preparation of your estate;
• The drafting of a will;
• Etc.

A family and local lawyer par excellence, the notary has the legal training and knowledge to help you make informed decisions, regardless of the situation in which you find yourself. Their advice is therefore invaluable and allows for a clear assessment of the implications of each decision.

Notaries: recognized public officers

The notary is fundamentally different from other lawyers because of their status as public officers conferred by the state. This means that due to their professional allegiance, notaries have to be impartial.

As public officials, notaries have a duty to act in the interests of all those involved in the case, avoiding any bias. They must also ensure that each party has understood the explanations, implications and documentation involved. This ensures that individuals can give their informed consent.

The drafting of authentic instruments and notarial documents

By virtue of their status as public officers, the State also recognises the notary's power to confer authenticity on certain deeds and documents that they draw up. These are known as notarial documents or authentic instruments.

These documents are of great importance: they are recognized as having a high degree of reliability. They are difficult to contest and can be used as evidence in court of their content, the accuracy of the date and the signatures affixed, without the need for proof.

Moreover, certain situations require the production of a notarized document. This is the case, for example, of a marriage contract, a real estate mortgage, a declaration of co-ownership, a letter of donation, etc.

Did you know that the original deed is kept in perpetuity by the notary or their successors? It cannot be lost or altered, and you may obtain a copy at any time. This is an excellent reason to use their services!

A prevention-focused approach

In addition to being impartial, the expert's professional approach is focused on prevention. Rather than focusing on judicial solutions, the intervention of the notary aims to avoid disputes by focusing on alternative dispute resolution methods, such as:

• Amicable agreement;
• Arbitration;
• Conciliation;
• Amicable divorce;
• Civil, commercial and family mediation;
• Negotiation.

Sometimes referred to as the 'agreement lawyer', the notary must, at all times, try to find common ground that is advantageous to all parties involved in the matter, taking into account the rights of each party.

In fact, they are sometimes asked to act as mediators to settle disputes before they go to court. As stated by the Chambre des notaires du Québec, 'he or she may also act in matters that are not contested in court and, for certain non-litigious proceedings, he or she is empowered to represent a person before the courts'.

The notary's preventive intervention thus promotes access to justice and relieves the courts.

The notary's fields of expertise

The notary is a multidisciplinary professional. Many situations may lead you to meet with this expert, who may be specialized in a particular sector, such as real estate or family law.

Let's explore some of the notary's areas of expertise.

Expert in family law

The notary is the professional of choice to advise you on all legal aspects that may affect you and your loved ones. Specialized in family law, they will inform you about:

• Obligations and rights arising from marriage or civil union;
• The legal effects of the de facto union and the associated conventions;
• Child custody and support;
• Adoption procedures;
• Immigration procedures;
• Family mediation;
• Amicable divorce;
• The protection mandate;
• Legal mechanisms for persons without a protective power of attorney;
• Etc.

Expert in real estate law

The notary has an important role in any real estate transaction, whether you are a buyer or a seller. But his/her intervention is not limited to the drafting and signing of the deed of sale; on the contrary. In real estate, the notary can also advise you on:

• The different methods of financing the purchase of your property;
• Clauses to be included in the promise to purchase;
• Tax implications of the contract;
• The importance of verifying the certificate of location;
• Checks to make before buying with divided or undivided co-ownership;
• Co-ownership implications;
• Agreements to be made when the purchase is made by several people;
• Solutions to address irregularities following title review;
• Precautions to avoid legal construction mortgages;
• Etc.

Expert in inheritance law

The notary is also a specialist in succession planning and everything that surrounds it. You can therefore call on this expert to:

• Plan your estate;
• Liquidize an estate;
• Protect minor children following death;
• Prepare and draft a will;
• Donate organs and tissues in a will or power of attorney;
• Advance medical directives;
• Etc.

Expert in business law

Are you an entrepreneur at heart? A notary specialized in business law can be a very good ally to help you accomplish your projects. In particular, they can advise you on:

• The steps to follow to start a business;
• The different legal forms of companies and their tax implications;
• Possible agreements between shareholders or partners;
• Drafting of commercial leases;
• Commercial mediation;
• Mergers and acquisitions;
• Estate and trust planning;
• Etc.

And did you know that the notary's intervention is not limited to these four fields of expertise? They can effectively practice in highly diversified fields that span well beyond their traditional fields of practice, such as:

• Agricultural law;
• Aboriginal law;
• Environmental law;
• Labour law;
• Tax law;
• International law;
• And more!

Notary or lawyer: what is the difference?

Notaries, like lawyers, are legal advisors and specialists in the law. Both are given the title of 'maître'. But although they share some similarities, their roles are fundamentally different.

Thus, while lawyers have the power to plead before the courts, this is not the case for notaries who, as mentioned above, have a preventive role as public officers.

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