Cap. 55 Art. 74Notary has the sole right to allow inspection of acts and give copies thereof.

(1) Saving the provisions of Part V of this Act, the notary alone during his lifetime and so long as he continues in the exercise of his profession shall have the right to allow the inspection and the reading of the acts received by him or of the acts received by another notary and of which he is the keeper, and to give copies and extracts of or from such acts or issue the declaration referred to in the proviso to article 68(2).

(2) The notary is bound to give any copy, extract or declaration required by any person:

Provided that he may refuse to give any such copy, extract or declaration, if the person requiring the same shall not deposit with him the amount of fees and expenses, or until full payment of the fees, accessory charges and expenses shall have been made.

(3) The notary shall not permit the inspection or the reading of any will or give any copy of or extract from such will, during the lifetime of the testator, except to the testator himself or to a person holding a special authority from him duly authenticated, or to other persons in the presence of the testator, saving the provisions of article 68(2) and of article 81(5).

(4) Saving the provisions of articles 205 and 207 of the Civil

Code, the notary shall not on the mere allegation of the death of a testator give any copy of a will, extract thereof or declaration, or make its contents or even its existence known to any person, unless such person produces an extract of the act of death of the testator which extract shall be retained by the notary.

(5) Where a copy of a will, whether authenticated or not, is issued -

(a) the notary shall state in writing at the end thereof:

(i) to whom such copy has been issued;

(ii) where the copy has not been issued to the testator himself, that he has ascertained either that the testator is dead or that the person to whom the copy is to be given is duly authorized to receive it;

(b) when the testator is still alive, the person to whom the copy is given shall on receipt thereof sign such copy in the presence of the notary.

(6) Where an extract is issued in terms of article 68(2) or a declaration is issued in terms of the proviso to such sub-article, the notary shall state in writing at the end thereof to whom such extract or declaration has been issued after duly ascertaining that the provisions of such sub-article or proviso apply.

(7) The provisions of sub-article (4) and of sub-article (5)(a)(ii) and (b) shall not apply where one hundred years have elapsed after the making of the will.