Will/Mandate

WILL

A notarized will facilitates the settlement of an estate and allows for the clear expression of your intentions and wishes. In the absence of a will, it is the Civil Cod of Québec that establishes who your legal heirs will be. A will before notary gives you the opportunity to bequeath your assets to the people you wish and to appoint a liquidator who will oversee the settlement of your succession. It is also possible to appoint a tutor to your children, if they are minors, in the event of the death of both parents. It is not necessary for you to own several valuable properties to sign a notarized will and simply the appointing of a liquidator will help avoid many complications and conflicts.

It is not mandatory to have a notarized will since there are two other types that are recognized by the Law: holograph will, and the will made in the presence of witnesses. However, for Court approval, these must be verified by the Court following a procedure conducted before a notary. This legal procedure will generate legal fees as well as additional time to settle the estate.

Did you know that in accordance with the Civil Code of Québec, de facto spouses do not automatically inherit from one and other? It can therefore be beneficial to sign a notarized will to ensure that your intentions will be respected.

Mtre Anne-Marie Coutu will be able to advise you as a legal professional and ensure that you have a notarized will that accurately reflects your wishes.

MANDATE

A protection mandate allows you to designate someone to be your mandatary in case of incapacity. In such a case, the mandatary is the person who will take care of you and your properties. This mandate ensure that you will be in good hands in the event that you become incapacitated. In your protection mandate, you can also express your wishes regarding end of life care.

By signing your mandate, you will have peace of mind knowing that, in such a situation, one of your relatives will take care of you. In absence of the said mandate, a procedure of curatorship can be taken, which can result in being a long and costly procedure.

NON-CONTENTIOUS MATTERS

Mtre Coutu can assist you in obtaining a judgment in a non-contentious matter, that is to say a non-litigious procedure. In fact, the notary is authorized to perform this type of legal procedures, so it is possible for her to be mandated in this regard whether it is to verify an holograph will or a will before witnesses, to homologate a protection mandate, to open a protective supervision (e.g. curatorship or tutorship) or even to acquired a property by prescription. In brief, the versatility of our notarial practice will be able to meet your needs in non-contentious matters!