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The Will

PME INTER Notaires > The Will

Although no one likes to face the possibility of his or her own death, it is essential to make a will. In order to avoid unnecessary complications to your loved ones, get an indisputable notarial will. It is enforceable at the time of death and avoids lengthy and expensive probating proceedings, which are even more expensive than making a notarial will!

 

Our team of experts will take the time to identify all the particularities of your personal situation that could have an influence on the drafting of your will. For example, if you have minor children, measures will need to be put in place to protect their financial interests.

 

In the absence of a will, it is the law that will determine, depending on your family situation, who among your children, your spouse, your parents, your brothers and sisters will inherit your assets and in what proportion.

 

A notarial will guarantees that your wishes will be respected and that your loved ones will be protected. It will also prove to be a tool that will greatly facilitate the settlement of your estate, especially if it is accompanied by an inventory of all your assets (bank accounts, credit cards, RRSPs, life insurance, safety deposit box, pension funds, real estate, company shares, etc.).

In order to facilitate the drafting of your will, we recommend that you make the inventory of what you own and what you owe. Download the Form and complete it before meeting your notary.

Did you know that without a will:

  • Your common-law partner will never inherit your assets, regardless of the length of your relationship or of the fact that you have children together.
  • Your spouse will not automatically inherit everything.
  • The money inherited by your minor children will be managed by a family council of 3 people that will be accountable to the Curateur public, who could approve certain expenses (even for the school effects, orthodontic treatments, summer camps of and extracurricular activities). The money will be frozen until your children turn 18.
  • If you are not legally divorced, your ex-spouse will be able to inherit.

By consulting our document on the notarial will, you will find many answers to your questions.

Will for Non-Resident of Québec

 

If you live in another province and own property in Québec, you may face legal complications involving civil and common law, especially for your estate planning.

 

If you do not have a notarial will in Québec, this could result in additional delays and legal fees. Your current will (made in another province) could have to be submitted to the court before your property in Québec can be transferred to your heirs. If you are a joint owner of real estate, your parts will not be automatically transferred to the surviving partner after your death. The right of survivorship does not exist in civil law.

 

Settling your estate in Québec will be more complex than expected. To protect your heirs and avoid unnecessary delays, costs and taxes, contact us today.

Avoid long and costly procedures to your heirs and to the Curateur public: draft your notarial will today.