Make a notarial will protect your family. Why consult the notary to draw up my will? Isn’t it easier and especially cheaper to do this task by ourselves? After all, there are plenty of free templates on the Internet and a will can be made holograph or in front of witnesses! This mindset is often observed and unfortunately, many people do not know the advantage of having a notarial will.
Definition and Type
First of all, a testament is an act that contains your last wishes once you have passed away. It is in this document that you talk about your succession, who are your heirs, what do you leave to whom, who is the liquidator, who takes over the company if you own one, etc.?
There are 3 main types of testament: the notarial will (made by a notary), the holograph will (handwritten by you) and in front of witnesses will (in the presence of 2 people). Also, it is now possible to find free or low-cost models of wills on the Internet. Now, which of the testaments is the best?
Notarial Will and Other Types of Wills Even if a holograph will, before witnesses will, or free templates will find on the Internet are more affordable, it still has several deficiencies. First of all, this type of will must undergo an examination to verify its authenticity. This step can take several months, which, as a result, delays the succession. In addition, the before witnesses will require to find the witnesses who signed it. For various reasons, they may not be found, unable, deceased or unwilling to cooperate.
For on line free templates will, the Internet will, it is usually a general model and not adapted to your needs. In addition, there is a risk that the model may be based on laws in France or another country and not on the laws of Quebec. Finally, not having a testament is even worse, because in the event of your death, the Civil Code of Quebec will apply and decide who your heirs will be. As a result, the legal devolution may go against what you would have originally requested.
Advantages of a Notarial Will Even if the main disadvantage of a notarial testament is the price, it is still much more secure. First of all, it is registered with the Chambre des Notaires du Québec and, in addition, the original is in a fireproof vault. So, once you are deceased, the notary will find your will and as it is already authenticated, there will be no verification examination. In the end, the succession and implementation of your last wishes will be faster.
So, is it strongly recommended doing business with a notary when drafting your will? Absolutely! He is an expert in legal matters and laws, who will be able to accompany you and guide you so that your last wishes can be fulfilled as you wish!
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