| Apostille Registration Violation Short Memorandum |
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| Copyright © 2009-2013, Marc CAMPUS |
February 25, 2007
Short MEMORANDUM
The Issues.
The Statement of Facts and Issues defines the issues as follows with regards to the Apostille registration violation
process by the Notaire:
a. Whether the NOTAIRE DUCHAN committed fraud when he justified all of the acts that he had
performed with the knowledge that TEXAS RIDING LINE Co. and Mrs. Irene Maquard relied on his
expertise;
and
b. Whether the United States has jurisdiction over this matter.
The Analysis.
It is apparent from the facts that are presented that the Notaire provided false information to Mrs. Maquard on the legal
requirements of the will. The Notaire failed to check the nationality of the witnesses and failed to read the act in its entirety
before the witnesses. The Notaire also gave wrong advice to TRL Co. All of these actions resulted in the invalidation of the
will. A notaire is held personally liable for every aspect of his professional activity. The notaire is responsible for the
content, form and preservation of the instruments and of course he has the duty to advice his client. The Notaire is clearly
liable of negligence because he failed to carry out any of his required duties.
When the Notaire requested an Apostille of the will to be used in the United States, with the knowledge that the will was not
valid because he failed to follow the legal requirements, the Notaire committed fraud within the United States. Also, the
knowingly intent to deceive is escalated when the Notaire requested a second Apostille of the will at a later date.
For legalization of official documents, the Department of State, Authentications Office requires that documents must be
valid originals and acknowledged before a notary or certified by a public official in that state or county where the
document is executed.
The same is required to request an Apostille.
Due to the fact that the Notaire attested to the validity of the will “in the United States” twice, the United States courts
should have jurisdiction over this matter.
Because TEXAS RIDING LINE Co. relied to their detriment on the advice of the Notaire, TEXAS RIDING LINE Co. has a right
to a claim against the Notaire.
Short MEMORANDUM
The Issues.
The Statement of Facts and Issues defines the issues as follows with regards to the Apostille registration violation
process by the Notaire:
a. Whether the NOTAIRE DUCHAN committed fraud when he justified all of the acts that he had
performed with the knowledge that TEXAS RIDING LINE Co. and Mrs. Irene Maquard relied on his
expertise;
and
b. Whether the United States has jurisdiction over this matter.
The Analysis.
It is apparent from the facts that are presented that the Notaire provided false information to Mrs. Maquard on the legal
requirements of the will. The Notaire failed to check the nationality of the witnesses and failed to read the act in its entirety
before the witnesses. The Notaire also gave wrong advice to TRL Co. All of these actions resulted in the invalidation of the
will. A notaire is held personally liable for every aspect of his professional activity. The notaire is responsible for the
content, form and preservation of the instruments and of course he has the duty to advice his client. The Notaire is clearly
liable of negligence because he failed to carry out any of his required duties.
When the Notaire requested an Apostille of the will to be used in the United States, with the knowledge that the will was not
valid because he failed to follow the legal requirements, the Notaire committed fraud within the United States. Also, the
knowingly intent to deceive is escalated when the Notaire requested a second Apostille of the will at a later date.
For legalization of official documents, the Department of State, Authentications Office requires that documents must be
valid originals and acknowledged before a notary or certified by a public official in that state or county where the
document is executed.
The same is required to request an Apostille.
Due to the fact that the Notaire attested to the validity of the will “in the United States” twice, the United States courts
should have jurisdiction over this matter.
Because TEXAS RIDING LINE Co. relied to their detriment on the advice of the Notaire, TEXAS RIDING LINE Co. has a right
to a claim against the Notaire.
