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Successions and wills

The will search

In the absence of a will, the law will determine who are the heirs. The main effect of the will is to set aside the application of the Civil Code provisions and give effect to the testator’s wishes. Only his last wishes must be carried out. Accordingly, the first thing to do, before anything else, is to meticulously search through the deceased’s personal belongings to find a written document containing the expression of his last wishes.

The search often leads to the discovery of a private writing or a copy of a notarial will. But that is not enough. All possible steps must be taken and nothing must be overlooked to ascertain that the liquidator is in possession of the testator’s last instructions. For this reason, the Chambre des notaires du Québec created a register in 1961 that now contains more than 6 million registered wills. Consultation of this register is therefore necessary, not only to ascertain the possible existence of a will but also to ensure that the known will is the last one executed by the deceased.