In Quebec, it is possible to make a last will in three ways: with the help of a notary, in front of witnesses or holographs. Since the advent of the Internet, it has also been possible to make a will online with a free or low-cost model. Even at an affordable price, is this really a way of doing things?
Online Model Issue
It is true that it can be tempting to make a testament with a free online template. Especially when you compare it all with a notary’s fee of several hundred dollars. But the problem is that the free online testament does not take into account your particular situation. In other words, it is something general that is not always based on the laws of Canada and the Civil Code of Quebec; the free will template change from one country to another.
Problem With Any Non-Notarial Testament / Will
So, an online free testament template / online free will template is not the most practical thing. In addition, like a holograph testament and in the presence of witnesses, it must go through a verification step. This phase is used to ensure the authenticity of the will because it is not registered in the CNQ Register, unlike a notarial will. As a result, this step of verifying the authenticity of the testament can cost several thousand dollars and may take several months to see the file closed. This will delay the partition of your assets to your heirs.
Loss or Destruction
Since a free online template of a will does seem practical to you, you may want to write your own will to save yourself the cost of a notary’s services. Here again, a holographic testament and the will in the presence of witnesses must be transcribed. In the same way, since these non-notarized wills are among your papers at home, they may be lost (e. g. moving) or destroyed (e. g. fire). So, either you will have to do it again or if you die, the estate will become very complicated without a testament.
Cheaper Than You Might Think
When we look at all these steps of law and the authenticity check, maybe you think more about calling a notary to make your testament. If so, that’s THE good thing. A notarial will can vary from $200 to $800 or more depending on the complexity of your case. In your lifetime, it is true that it may seem expensive at the time. But remember that you have the advantage that your last wishes are registered in the notary’s professional vault and are mentioned in the CNQ’s Register of Wills. In the end, once your death has arrived, the notary can deliver copies to your heirs and the implementation of your last wishes can thus begin.
Writing your testament is a rather delicate task because the will contains your last wishes. Although it may be tempting to do so on the Internet with a free will template, be careful to know on which laws it was created. In addition, the free testament template must be verified (can be a holographic will or in the presence of witnesses will). In the end, call a notary or be sure that your will is well written, and, above all, your last wishes are respected, and your heirs protected.
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