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Your notarial will and the role of the notary in settling a succession / estate

The notary is a legal advisor for Quebec families!

His job is the agreement between parties.  Working in the field of good agreement rather than conflict, the notary participates at important moments in people’s lives. His advice is oriented towards the needs of couples and families.  This is particularly the case when drafting a will and the settlement of the succession.

Main role of the notary One of the important tasks of the notary in his profession is to be the professional who explain and draft for you the act you want.  Can be a marriage or civil union contract, will, protection mandate of incapacity, power of attorney and other documents relating to the real estate or other deeds.  Also, the notary is there to accompany you and guide you through the legal procedures so that you can come out a winner.

You must know that having a notarial deed can protect you in the event of death, a real-estate sale or a loss of autonomy.  For example, if you had not drafted a protective mandate in case of incapacity, the Public Curator (and other persons, all together) will decide for you your property management and your health care file.  The problem is that this may be done against your will.  So it is better to have a mandate of incapacity.  But here, let’s stay on the subject of the testament and succession.

Task of making a testament  A will is an act that contains your last wishes.  It essentially talks about the sharing of your property, inheritance, custodians to your minor children and, above all, who your heirs are.  Not having a testament means that your possessions will be divided according to what the law has established instead of what you really want.  If you are a survival common-law partner, you may lose out because you are considered unmarried in a legal sense, and legally, you can’t inherit from your partner, if your partner doesn’t name you in the will.

Therefore, your notary draws up your will according to your specific needs, but also ensures that it meets the requirements established by the Law.  These conditions include the verification of your identity and your signature, and the same for your witness too.  Finally, your notary is responsible for reading you the testament to see if all your wishes are included.

Notary and succession Is it recommended seeing a notary for the succession?  Absolutely!  He can guide you in the role as a liquidator and ensure that the heirs do not become responsible with debts that exceed the deceased’s assets.  If this is the case, the heirs have the right to refuse the succession.


While it may seem faster and more affordable to make your own will, it should not be forgotten that when you die, the deed will have to go through a verification that can take several months to see your inheritance shared, and it’s not free, either.  So, it is strongly recommended to have a notarial will to make life easier for your heirs.

Your notarial will and the role of the notary in settling a succession / estate


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