Do you need specialised help for your notarial will?
Do you want peace of mind, knowing that your assets will be divided among your heirs according to your wishes or a support person will take care of your business and your person in need?
Do you want to avoid the pitfalls of a deficient succession, or give legal force to a mandate?
Death without a will
Upon the death of a person who had no will, his estate will be distributed according to the articles of the Civil Code of Québec. So, it may happen the deceased’s assets will not be distributed as it would have wished.
There are 3 types of wills: holographic will, will before witness, and notarial will.
Notaries are the professionals to turn to when making a will. Wills prepared by a notary are the best type of wills that exist in the province of Québec. The will prepared by a notary will ensure that minor children are protected and that the right persons are entrusted with their upbringing.
Your notary is the professional to help you prepare your will. He will help you make informed choices and will explain all legal and judicial implications. Your notary will answer all your questions and make sure to phrase your wishes clearly, to express everything you want to say about your heirs, the share of your inheritance, the tutor for any minor child, the transfer and management of your business, and more.
The Advantages of the Notarial Will
Unlike the holograph will and the will made in presence of witness, notarial will takes effect at the time of the testator’s death. A notarial will is a precious document both for you and your heirs. Your notarial will is always protected. It cannot be destroyed, altered or modified. The notarial will does not need to be subject to a verification procedure by a notary or by the Superior Court of Quebec, verification process which involves expenses and delays. Moreover, the will made before a notary being registered in the Register of wills of the Chamber of notaries in Quebec, it will allow easy identification and rapid implementation if necessary. If, on the contrary, your will has not been prepared by a notary, it will have to be probated by a notary or by the Court. This requirement will incur some delays for the settlement of the estate and some costs higher than the ones incurred for the preparation of a will by your notary. The risk of distraction, degradation, or loss of the notarial will is thus eliminated. And if you do not have any will, then the law will determine your heirs and the share of your inheritance for each one.
The notarial will therefore provide faster and cheaper process of settlement of the estate. The notary will explain the precise definition and scope of the legal terms used in a will, such as those are concerned to particular legacy, residuary universal legacy and the nomination process of a liquidator and replacement liquidator.
Change Your Will
To change a will, you can make a codicil or make a new will. The codicil is recommended for minor changes to a will. For major changes, it is advisable to make a new will.
The price of the notarial will
Like any other legal act, the cost varies according to the demands of the client in each file, and also with the expertise and the experience of the notary.
- Notarial will
- Will probate
- Will search
- Will change