 Anyone can write a Last Will before a Notary !

 It is important that the testator be in healthy mental state

In the event that the testator is ill, or at the hospital, a medical note from a licensed doctor will be requested before we draft your Last Will and Testament.

 If you have a spouse or children

 If you have a common law spouse

 If you have property in Quebec, such as a house, bank accounts, savings, etc.

 If you plan to travel outside of Quebec or be absent, either temporarily or permanently

 If you are ill or unwell

Is it possible to write a will online ?

Yes, the notary will can be receive remotely or in the presence of the notary. The document can be done in electronic form. The testator will sign with an electronic signature. The notary will sign with a numerically encrypted algorithmic signature.

Once signed, the notary will emit electronic true copies of the document with an electronic notarial seal. This is the new notarial methodology.

If you die without a will: 

The default Quebec devolution laws will apply to you. In these circumstances, the law will decide how and to who your property will be distributed. It will also call all heirs to the duty of liquidator.

Complex legal issues can arise, especially if the deceased has minor children.

You will need to refer to a notary to prepare a Declaration of Heredity and a Nomination or Renunciation of Liquidator. It is through these documents that the Notary will refer to the legal provisions prescribed by law.

 Important Notes Dying without a will can be more expensive. A Notary will prepare additional documents at the time of death such as a Nomination of Liquidator and Designation of Heredity.

Writing your Last Will on your own is certainly easier, the catch ?

If you write a Non-Notary Will, which means a :

 Will by a Lawyer

 Will before witnesses

 Handwritten will (Holographic)

your Last Will shall be subject to probate at the legal courts of Quebec.Will Probate is mandatory as the court must verify the will before it is used for the liquidation of the Estate.

 Why ? Because when you write a Last Will on your own, there is nobody to attest that you are acting willingly and to verify your identity.

Read more about the legal processs of Will Probate

The only way to protect minor children in the event of a parent’s death is through a notary will.

When it comes to inheritance, it is important to note that under Quebec law, minor children cannot have more than $25,000 under their name without notifying the Quebec Curator and appointing a tutor responsible of administering the minor’s property. Moreover, minor children cannot inherit residential or commercial real estate affected by a mortgage guaranteed by a lien.

Consequently, when drafting your will, we will discuss the possibility of a simple trust for your child, or an administration of property, until a minor has reached the age of 18.

When it comes to guardianship, if both biological parents have passed away or are otherwise incapable, the nomination of a tutor to the minor with guardianship will be necessary. The tutor will be invested with the parental authority to take care of the minor.

It is possible to nominate a tutor to your minor children through a notary will.

Common Law Spouses do not inherit from each other unless it is written specifically in a Will.

In order to avoid any legal litigation and securing and protecting the rights of your common law spouse, a Notary Will is recommend.