Family and Inheritance Law Aspects of Notarial Practice
Marital property
Understand the statutory marital property regime and the possibility of a marital property agreement concluded in notarial form, including the rules on choosing a regime, on its effect against third parties, and on registration. Know the treatment of separate property, of property acquired by both spouses, and of debts.
Inheritance
Master the inheritance by law order of heirs, the reserved share (legitimate portion), the types of testamentary disposition, and the notarial certification of wills, including the special rules for wills made under exceptional circumstances. Know the notary's role in inheritance proceedings: establishing heirs, issuing the inheritance certificate, and dealing with renunciation and acceptance.
Traps and a rule of thumb
Traps: assuming a will must always be notarized; confusing the reserved share with the intestate share; and forgetting that a marital property agreement requires notarial form and, where relevant, registration. Also watch for questions on the effect of divorce on testamentary dispositions and on the notary's duty to check for later wills.
Rule of thumb: in family and inheritance questions, first establish the applicable regime (statutory, contractual, or testamentary), then check formal validity, then check the rights of protected heirs.