Notary will fee and costs. If it’s distressing to think about someone’s will, it is useful to know that this document can be the ultimate proof of consideration for that person’s pockets. Indeed, a will can save you the worries of protecting your property and it places in order the distribution of your goods and assets, according to your express will.
There are three categories of wills: the holographic will, the will before witnesses and the notarized will. Only the latter has an incontestable value and the first two claim verification (probation) and validation by a Court or by a notary.
If the successors don’t have a will of the deceased, the search for such a document will be carried out among both the personal affairs of the deceased and the professionals who are supposed to retain such an official document.
This way, the notary will advise you to search the Register of Wills and Mandates of the Bureau of Quebec. You will receive a research certificate that informs you that if a will has been registered at the Register of Wills and Mandates of the Bureau of Quebec, you’ll also be informed about the contact details of the layer who keeps this document. A similar search must be conducted with the Chamber of Notaries of Quebec.
If the deceased person has had no time to write a will or hasn’t chosen to notarize it, it’s necessary that the holograph will or the will made in the presence of witnesses will be probated according to the provisions of Quebec law. It’s essential to remember the fact that the verification of the will is not intended to analyze or to dispute the will’s content, it’s only meant to report on compliance with the validity conditions of the will.
Necessary steps for verifying a will:
Choosing between a Court and a notary
Both the notary and the Court are able to perform the verification of the will, unless the will is disputed by one of the heirs, in which case only the Court is able to carry out a verification judgment.
Preparing the necessary documents
The notary or the Court will verify the will only if you’ve picked up the following documents:
- The original will
- A copy of the death certificate issued by the Director of the Civil Status
- For the will in the presence of witnesses, you’ll need a sworn statement of one of the witnesses
- For the holograph will, you’ll need a sworn statement by a person purporting to identify the deceased’s signature
- A document attesting the sending of the verification request to the potential heirs
Obtaining a certified copy
Once all of these conditions are met, the notary may establish the validity of the will and issue you an official copy (certified true) which will serve for the liquidation of the estate.
In order to obtain more information, don’t hesitate to contact a notary specialized in succession law. With his vast experience in this field, Mtre Leopold Lincà, notary in Montreal, welcomes you in his study and accompany you step by step in your process.
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