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Successions and wills

The reading of the will

All too often, the liquidation of a succession involves frustration, quarrels and resentment, even within the most closely knit families. Why? Because death itself, as well as settlement of the succession, creates problems the deceased could never have imagined. Often it is also because the liquidator or executor, the person assigned to handle the succession, does not understand his or her role and responsibilities in relation to the other members of the family.

To help dispel these misunderstandings and ensure that the liquidation of a loved one’s succession does not turn into a family feud, notaries suggest adding a clause to the will requiring that it be read and explained to the heirs.

Thus, following a death, the notary will gather all the heirs together to inform them about the content of the will and its consequences. The notary will also play the role of facilitator by asking questions that no one else would dare ask for fear of ruffling other family members’ feathers. The notary can also act as a mediator if the contents of the will give rise to conflicts. Lastly, the notary will explain to the liquidator designated by the testator his or her role and responsibilities.

The reading of the will is the first step on the road to successfully settling a succession. Both liquidator and heirs will feel more comfortable about the procedures to follow in order to respect the final wishes of the deceased.