Will
WHAT WILL HAPPEN TO YOUR ASSETS WHEN YOU DIE?
Whether you have a lot of assets or you have little, it is important above all that it is passed on to those to whom it is intended at the time of your death. Isn't it reassuring to know that when your death will sadden your loved ones, you will have everything planned to avoid complications for them? The will allows you to choose your heirs and legatees and to clearly establish your last wishes, in particular, with regard to your decision to donate your organs and tissues. If there is no will, the law determines who inherits your assets. A well-made will is a guarantee of respect for your wishes. In addition, it can greatly facilitate the settlement of your estate.
WHAT FORM OF WILL TO CHOOSE?
You've already been told that there are several forms of wills, but you don't know which ones. In fact, Quebec law recognizes three:
THE NOTARIAL OR AUTHENTIC WILL
This will is received before a notary and a witness and, in some cases, before a notary and two witnesses.
THE HOLOGRAPH WILL
This will must be written in full by the testator and signed by him, other than by technical means. It requires no witnesses.
If you choose to make a notarial will, it will take effect upon your death. On the other hand, if your will is not notarized, it must, after your death, be subject to a verification procedure by a notary or by the court. A notarial will is not subject to such a verification procedure because the law recognizes that the notary has the status of a public officer allowing him to confer on wills that he receives an authenticity character.
TO AVOID WRANGLINGS AND MISUNDERSTANDINGS
READING THE WILL BEFORE A NOTARY
The notary will suggest that you add a clause in the will which reads and explains it for the benefit of the heirs. Reading the will is sort of a good way to make sure the estate settles off on the right foot. The liquidator and the heirs will be reassured as to the steps to follow to respect the last wishes of the deceased.
Upon death, the notary will summon all the heirs at the same time to adequately inform them about the content of the will and its effects. He will play the role of facilitator by asking himself certain questions that others would not dare to ask, for fear of offending the susceptibility of one or the other.
He can play the role of mediator in cases where conflicts arise because of the content of the will. Finally, he will explain to the liquidator designated by the testator his role and responsibilities.
SOME GOOD REASONS TO CHOOSE A NOTARIAL WILL
The will is a legal document of primary importance that serves as the basis for settling your estate. For this reason, it is essential that it is well written, complete and, above all, unambiguous. By using the services of a notary, a lawyer experienced in estate planning and drafting of documents, you can be sure that your will will not present any difficulty in interpretation. Your notary knows the importance of the choice of words. In accordance with the requirements of the law, he writes your last wishes according to your instructions. In addition, his advice helps you to forget nothing, which will simplify the task of those who will liquidate your estate.
Another definite advantage is that the original of your notarial will be kept in a safe place by the notary, away from loss or destruction. Finally, the notary has it registered in the Register of testamentary provisions of the Chambre des notaires du Québec. However, it should be noted that the notarial will is not deposited at the Register: we only register its existence, which ensures discretion while facilitating its discovery when you die.
THE REGISTER OF TESTAMENTARY DISPOSITIONS AN EXCEPTIONAL SYSTEM
Forever and ever guardians of the most intimate secrets of Quebecers, Quebec notaries innovated by having, since 1961, a registration system in order to ensure the protection of wills. This system, known as the Register of testamentary dispositions of the Chambre des notaires du Québec, has now more than 6 millions will registrations.
A VERSATILE SYSTEM
Following the changes made to the Register in 1978, wills other than notarial wills can now benefit from the advantages of the Register. Thus, the holograph will and the will before witnesses can be registered in the Register in the same way as the notarial will. It is however necessary that the registration be made through the notary of your choice who will deposit your will in his minutes.
AN ADVANTAGEOUS SYSTEM
Thought and created to guarantee the respect of your last wishes, the Registry has many advantages:
- he maintains the confidentiality of the will, because only its existence is registered;
- it allows you to trace your last will after your death;
- it eliminates the risk that your will will be ignored or traced late when liquidating an estate;
- it prevents a will, holograph or in front of witnesses, from being accidentally or maliciously destroyed by certain people disappointed with the provisions it contains.
Thanks to these advantages, the Registry greatly promotes the discovery of your testamentary dispositions and thus accelerates the settlement of your estate.
THE ORGAN AND TISSUE DONATION CONSENT REGISTER
Writing a will is the perfect opportunity to think about organ and tissue donation. If you agree to donate your organs and tissues or if you refuse after having discussed it with your notary, in a free and informed manner, he may include it in your will. This consent will then be registered in the Register of consents to organ and tissue donation of the Chambre des notaires du Québec. Thanks to this register, authorized medical personnel will be able to possibly verify whether a potential donor has consented to organ and tissue donation, and this in the strictest confidence.
The Register of consent to organ and tissue donation of the Chambre des notaires du Québec is an effective solution that assures you that your will will be respected upon your death.
EASY ACCESS SYSTEM
When you opt for the notarial will, you eliminate complications. The notary, in addition to advising and guiding you, proceeds to its registration in the Register.
If you nevertheless decide to make your will in holographic form or in the presence of witnesses, you have a clear advantage in transmitting it to your notary who, after having deposited it in his minutes to ensure its conservation, will register it in the Register.
To verify the existence of a will following a death, you must contact your notary or directly to the Register of testamentary provisions of the Chambre des notaires du Québec by producing proof of death.
The texts come entirely from the brochures of the Chambre des notaires du Québec.