Notarial will Law.legal

For the testator, or author of the will, the price of the notarial will includes :

• Legal drafting
• The handwritten signature validating the legal act
• Lifetime preservation of the original document in a safe place
• Issuance of a true copy of the document if necessary
• Official registration of the legal act.

The price of a notarial will can vary depending on the extent of its contents.

For example, a testator who lives in an apartment and only owns a few investments (RRSPs...) and a car, but who wants to leave all his assets to his spouse, will certainly pay less for his will than an owner of several secondary homes and businesses who wants to establish trusts for the benefit of all his children and grandchildren.

As an heir, you do not have to pay anything to have the validity of the notarial will legally admitted, since its verification is not required.

2. Does a will have to be notarized?

No

However, the Civil Code of Quebec grants authenticity to notarial wills. This means that no probate is required, which is not the case for the other types of wills discussed below (holograph wills and wills made in the presence of witnesses).

3. Notarial will in Quebec: price paid by the testator or the heirs?

An unprobated will cannot be executed. Therefore, either the author of the will (the testator) pays the cost of the notarized will when it is drawn up, or the heirs must pay the notary's fees for the legal verification.

In addition, you should know that the research and validation of the will normally takes more than a month.

4. Is the price of a notarial will more advantageous?

Yes

5. Are the notary fees for a will in Quebec worth it?

The notarial will is well worth the price

• You decide who gets your money and assets when you die.
• To avoid conflicts and legal complications

The notary can help you inventory your assets, property and insurance policies.

Secondly, the notarial will is drafted in such a way that your wishes are not subject to any ambiguity.

• The notarial will is the most secure

Your last wishes are protected against unauthorized access, accidental damage (fire, water...), malicious acts etc.

• Will research is made easier

It is easy to draw up a notarial will since it is registered in the Register of Wills of the Chambre des notaires du Québec.

• The liquidation of the estate is faster

The time (and expense) of verifying the authenticity of the legal document is no longer required.

• The notarial will has the force of law

A notary is a professional recognized by the State as a public officer. The deeds he establishes are authentic. It would therefore be very difficult to contest your will in a court of law.

A good notary does more than just apply the law. A professional notary will advise you on how to draft the various clauses of your will. He or she will advise you on ways to limit the tax impact when your heirs take possession of their estate (income splitting, for a trust will, etc.).

An experienced notary can make all the difference, especially for your heirs whose financial situation is precarious.

To receive in a short time and compare up to three (3) quotes from qualified and hand-picked notary professionals in Quebec, simply fill out the free online quote request form on this page.

6. Is the price of a notarized will in Quebec cheaper for a couple?

No

It is not possible to write a single will for a couple. It is a separate document for each individual. You can use the services of a notary with your spouse, but he or she will prepare two (2) separate deeds so that you each have your own will.

7. How much does it cost to make a will you prepare yourself?

Are other forms of wills legally allowed in Quebec?

The drafting is at no cost to you (the testator).

On the other hand, your heirs will have to pay approximately $1,500 from their inheritance, to request an authenticity search from the notary or the Court.

Regardless of the type of will you write, there are certain conditions that must be met to ensure its validity.

In fact, the most important thing is to mention the name of at least one (1) heir, the name of a liquidator (the person who will administer the estate) and to sign it.

Your will will be recognized, even if it is written on the back of a restaurant placemat.

Holographic wills

You write your will by hand and sign it. However, without the advice of a notary or other legal professional, the document can easily be challenged or invalidated.

The will before witnesses

You or a third party can write your will, by hand or mechanically (typing, printing from a computer). However, you must sign it in the presence of two (2) witnesses over 18 years of age.

Forms (will kits) are available on the Internet, but you will have to pay a certain amount of money to get them.

All types of wills are of equal value before the law in respecting your last wishes if the requirements making them legally valid are met.

8. You will not be able to pay the cost of a notarial will until later. What should I do?

Your financial resources will allow you to draw up a notarial will in a while.

If you die without a will

The inheritance rules established by the Civil Code of Quebec will be observed. The rules of division have already been established according to the various family situations that may arise:

• If you are alone or in a couple (married or civil union)

Common-law partners cannot inherit if there is no will, no matter how long you have lived together.

If you are in a common-law relationship and have no children, your parents and then your brothers and sisters will receive your inheritance

• If you have children or not
• If you are alone (no spouse, children or siblings) and your parents are deceased

9. How much does a will cost for a minor in Quebec?

Any personunder the age of cannot make a will. Only a person of full age, lucid and with full intellectual faculties can make a will.

However, a minor may make an unnotarized will for the division of his or her possessions of little value.

Exceptionally, a minor whose emancipation has been ratified by the court is allowed to make a will. He or she can correct the will without any problem afterwards.

10. How much do several wills cost?

Only the most recent will will prevail. There is no need for multiple will documents.

Since a will can be legally cancelled or changed at any time by a lucid testator, it is best to consult a professional notary to make changes or to make your outdated will invalid.