I rather see the "bad" notary as being in the right. He examines and advises what is legally and in rem possible and what is not. So the question is whether your proposed arrangement is feasible.
Actually, what you want to know is which option is ultimately the most cost-effective, especially regarding what the tax office will accept. The notary is not there to develop a tax-advantageous option. That is definitely the role of the tax advisor. In my opinion, your criticism is therefore directed at the wrong "party".