Obtaining a Copy of a Notarial Will in Quebec – In Quebec, Articles 484 and 485 of the Code of Civil Procedure define who may obtain a copy of a notarised will and how.
“Notaries are required, subject to payment of their professional fees and expenses, to give access to or issue copies of or extracts from any act in their records, or in the records of which they are the assignee or custodian, to the parties to the act, their heirs or their representatives and, at their request, to persons who, in the absence of a will, would have been called to the succession. (…)” 2014, c. 1, a. 484; I.N. 2016-12-01.
Thus, in Quebec, only the heirs and the liquidator may ask the notary for a copy of the deceased person’s notarized will.
If the testator, the person who made the will, is still alive, he or she is the only person who can request a copy of his or her will from the notary.
Unfortunately, this article is open to interpretation and it is up to the notary to decide whether or not he can give a copy of the last will to a person other than the liquidator. If he refuses on the basis of his legal opinion, only a court could oblige him to do so, depending on the case (Article 485).
Obtaining a copy of a will
In order to obtain a copy of the will, it is necessary to contact the notary who has the documents. However, the notary may have retired or died. In this case, his or her activities may have been transferred to another notary or to the Superior Court. If you cannot obtain the information from the notary or his office for these reasons, you may contact the Chambre des Notaires du Québec.
Obtaining a Copy of a Notarial Will in Quebec – A copy of a will: How much does it cost?
Generally, a notary will charge a fee of between $70 and $150 to produce a copy of the will. Of course, the notary does not deliver the original will. He or she hands over a copy and adds a note that says the document is an authentic replica of the original will. This is kept in a fireproof vault.
Will search
Furthermore, a will search with the Registre des dispositions testamentaires du Québec can be made by any person who has in his or her possession a copy of the death certificate issued by the Directeur de l’état civil. However, the Civil Code mentions that it is our express responsibility to ensure, beforehand, that a will has been drawn up.
Quand vous répondez aux conditions, soit d’être héritier ou liquidateur, il vous est possible d’obtenir une copie du testament auprès de votre notaire, en suivant la procédure définie à suivre pour ce faire. Pour de plus amples informations, consulter un notaire d’expérience comme Me Lincà qui saura répondre à toutes vos questions sur le sujet.
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