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.