For each stage of our life, consulting a notary is very important in order to make fair and enlightened decisions. Moreover, many people do not yet see the importance of a will. Do you need a notary in Laval, Montreal and Longueuil for a will (testament), a power of attorney, a marriage contract or something else? Let’s see some information about the testament.
Definition of the will
First, what is a testament? It’s a legal act containing the last wishes of a person and will apply after the person will die. The document contains, among other things, which will be the heirs and how the goods will be distributed. The testator may appoint one or more persons to be the heirs.
If there are minor children, the will may also include the names of the tutors to be designated. Those will have to ensure that the inheritance given to the children is done according to the last wishes of the testator. If a person dies without a testament, the goods will be distributed according to the norms of the Civil Code of Quebec.
Types of will
In Quebec, there are three types of will (testament): the notarial will, the holograph will and the will before witness. The notarial testament is made, of course, before a notary and it’s registered in the register of testaments in the Chamber of Notaries of Quebec. The notary will keep the original in his professional vault and will give a certified copy of the document to the testator.
The holograph testament is a format entirely written and signed by the testator. As it’s not notarized, it needs to go through a series of judicial steps to verify its authenticity. The testament before witnesses is written by the testator (by his own hand or by some technological means) and must be signed and dated by him and two witnesses 18 years and over.
Another distinction: the will must be done individually and not in common with someone else. In a couple, each one has to have a will of their own, unless the parties put their last wishes in a marriage contract (exception).
Best moment to do it
A will can be made at any time in a lifetime. In fact, as soon as possible is the best because you never know what can happen and an accident happens so fast… In fact, the majority of people make their testament when they feel the need or when they get a property of great value (e.g., home, business, inheritance, etc.).
Cancelling a will
At any time, the testament may be cancelled or modified by the testator himself. He must make a revocation by explaining that the previous mentions are not good any longer. The whole thing can be done by a notarial act. Or if not, a newer one will undo the oldest.
Never underestimate the importance of a will. Indeed, it represents your last wishes to ensure that your inheritance and your property are precisely distributed. It also refers to tutors who will take care of minor children.
You can write your will in the presence of a notary, by yourself or in front of witnesses. You can do it at any time in your life when you feel the need and it is the same to cancel it. Do you need a notary in Laval, Montreal and Longueuil for a will, a power of attorney, a marriage contract or something else? Contact us for more information!Contact us now!