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Successions and wills

Why a notarial will?

A notarial will offers the most advantages. As a general rule, this type of will is made before a notary and a witness.

It allows the liquidation of the succession to be initiated more quickly.

A notarial will comes into effect immediately upon the death of the testator. All other types of wills—handwritten (holograph) or signed by two witnesses—must be probated. This delays the beginning of the liquidation of the succession and entails legal fees that are undoubtedly higher than the cost of drawing up a notarial will. Writing your own will is not synonymous with saving time and money.

It ensures that your wishes are faithfully recorded in writing.

Your notary is a specialist in succession law and an expert in drafting legal documents. This will ensure that your will is well written, complete and, above all, contains no ambiguity. By going to a notary—a legal professional experienced in estate planning and drafting notarial acts—you can rest assured that your will is perfectly adapted to your financial situation and that there will be no problems interpreting it. Your notary knows the importance of choosing the right words. Your notary will record your last wishes in accordance with the law and your instructions. Furthermore, the advice given to you by your notary will help you to remember everything and plan for all possibilities, which will greatly simplify the task of the person(s) responsible for the liquidation of your succession.

Do not prepare your will by yourself. Certain grounds for nullity could apply. A poorly written will could have very serious consequences for your family and friends. It could also be declared invalid because it runs contrary to the law or because it is hard to interpret. If your current will is not notarial, it is in your interest to have it examined by a notary to ensure that it is complete.

It provides better protection for your loved ones.

Your notary knows the law and may suggest that you include several provisions in your will to provide better protection for your loved ones. This way, your notary can make the property you leave behind exempt from seizure, such that your heirs will be better protected should they find themselves in a poor financial position. Your notary can also explain the advantages and disadvantages of including life insurance proceeds in the legacies of your will.

Your notary can help you draft a clause that allows you to name a tutor to take care of your children and look out for their interests in the event of the death of both parents.

Finally, your notary can advise you on the terms and conditions for releasing property to your heirs, thus avoiding a situation in which a person who is still young and liable to mismanage this newfound wealth is able to access it before reaching a certain age or prior to the existence of specific circumstances.

It lets you save on taxes.

A notarial will allows you to set up income tax planning that could save your heirs a great deal of money. Although succession tax no longer exists in Quebec, the fact remains that the succession of the deceased must file a final income tax return. This is where the tax authorities come knocking at the door, if you haven’t planned for proper allocation and delivery of your property.

It can never be lost or altered.

Another advantage of a notarial will is that the original is kept in a safe place by the notary. Your will is thus protected from falsification or destruction by someone who is upset with the provisions it contains. It is also protected against loss.

Your notarial will is listed in the Register of Testamentary Dispositions kept by the Chambre des notaires du Québec. The Register contains your name and other information enabling your family and friends to find your final will and testament after your death. The Register cannot compromise the confidentiality of your will, since it only contains information on its existence, not its content. Only after your death will the Register provide your family with the name of the notary who possesses your will. You are therefore guaranteed that the person entrusted with settling your succession will be able to locate your will.