What is the added value of the notary?
The liquidation of an estate is a delicate and complex process, which aims in particular to protect the interests of the various stakeholders. The intervention of the notary in this context ensures that the procedure imposed by law is properly executed and that any legal problems that may arise will be resolved appropriately. On the liquidator's side, being accompanied by a notary can prevent him from incurring liability towards an heir, legatee or creditor who would be harmed due to a failure to fulfill his obligations.
What tasks should be entrusted to the notary?
The needs are different from one estate to another. The saudi-arabia business email list composition of the estate, the family dynamics, the liquidator's management and communication skills, his legal knowledge, the personality of the heirs, etc., are all factors that will influence the smooth running of the liquidation. As a precautionary measure, it is recommended to consult a notary at the very beginning of the liquidation of the estate. Subsequently, the liquidator will be able to choose whether to entrust the entire liquidation to the notary or to call upon his services on an ad hoc basis when the need arises.
Carry out will searches alone or with a notary?
Members of the public are authorized to fill out the will search request forms themselves. By doing so, they will only have to pay the search fees. So, why agree to pay fees to a notary to obtain the same certificates? Obviously, by entrusting the task to someone else, we save time that we can use to do something else. But above all because the service that most notaries offer to liquidators is not limited to this process and usually includes a meeting with him. This meeting is the perfect opportunity to discuss the various issues with him and benefit from his professional advice.
One of the complex formalities of the liquidation of an estate is the determination of the assets that the deceased leaves to his heirs. We quickly think of additions and subtractions. Beyond this obvious fact, several questions arise. How do we evaluate the assets? What is a 30-year-old bedroom set worth? And the house, is it evaluated at market value or municipal value? If there is a business, how is it managed? Who pays the tax? Etc. And that's not all, we have not yet addressed the consequences of marriage on assets. The surviving spouse has rights that result from the marriage. If he is not the sole heir, his rights must be taken into account and quantified. How do we calculate the value to be shared from the family assets? That of the matrimonial regime? On the other hand, if the spouse is the sole heir, it is the children who can, under certain conditions, claim an amount related to the alimony obligation (this obligation that requires that we pay alimony for the children when we separate). Are they eligible for this claim? Given the family situation of the deceased, are there other people who can file a claim?