Notarial Will: A Secure Way to Plan Your Estate
A will, for your peace of mind and that of your loved ones.
A will is the only legal document that allows you to choose your heirs and your liquidator. Without a written will, Quebec law will determine who inherits your estate and in what proportion. Who will raise your minor children? Will your common-law partner have to leave your home the day after your passing? Do you have an heir who is elderly or ill? Will conflicts arise between family members?
We will help you plan your inheritance to ensure that everything unfolds as smoothly as possible.
An estate without a will can complicate matters. The liquidator must navigate the process without making mistakes or assuming personal liability. Today, with smaller families, finding a qualified and available liquidator can be challenging. Our estate liquidation service may be a valuable solution if none of your loved ones has the necessary qualifications and availability to settle your estate from start to finish.
For drafting your notarial will or handling estate liquidation, our legal professionals will provide expert guidance and ensure your peace of mind.
The will in Quebec
You are the best person to decide what happens after your passing. Do not let the law dictate the distribution of your assets. Only you know your situation and your wishes regarding your estate. Writing a will guarantees that your intentions will be respected. A will enables your heirs to settle your estate quickly and efficiently at a reasonable cost. Having a will ensures peace of mind for both you and your loved ones.
Additionally, drafting a power of attorney will allow you to anticipate potential incapacity and designate a trusted person to manage your affairs if needed. Our notaries and estate law specialists are here to assist you! It is advisable to regularly review and update your will to ensure that it remains up to date with your wishes and any changes in Quebec law.
Testamentary trust
A testamentary trust is a more complex will in which the transfer of certain assets is not directed to a specific individual but rather to a separate entity—a trust—created to hold assets for the benefit of one or more heirs. A trust can be an effective tool for managing and protecting assets when heirs are unable to do so themselves due to incapacity, illness, or other reasons. It is also an ideal mechanism when a will stipulates that a significant estate should be preserved and passed on to a future beneficiary after the first heir’s passing.
To explore the different options available for your testamentary trust, consult with one of our notaries.
Estate Settlement
When a person passes away, all their assets become part of their inheritance. The liquidation process ensures that these assets are distributed according to the deceased’s wishes. However, managing an estate does not come with an instruction manual. The liquidator must navigate the legal and administrative process carefully, avoiding errors and personal liability.
Beyond organizing the funeral, the liquidator must also handle various administrative tasks, including:
- Closing bank accounts
- Inventorying assets and debts
- Paying outstanding debts and bills
- Selling real estate
- Vacating the residence
- Filing income tax returns
- Communicating with government agencies
- Transferring pension plans
- Claiming life insurance benefits
- Obtaining the necessary tax authorizations to distribute the assets
Our notaries will guide you through the estate settlement process in Quebec, ensuring that no detail is overlooked.
There are different types of wills, such as holographic wills, that must go through the probate process to confirm their authenticity and legal validity in Quebec. Unlike notarial wills, they require verification by a court or by a notary, which can introduce significant delays into the estate settlement. This additional step often results in increased time and legal costs for heirs.
Sound advice and knowing where to begin
Why choose a notarial will in Quebec?
A notarial will provides the most benefits, the highest level of protection, and the lowest overall cost.
- Speed: Allows the estate settlement process to begin more quickly.
- Cost-effectiveness: Does not require probate verification by a judge, reducing legal expenses.
- Legal validity: Our notaries, who specialize in estate law, ensure that all the clauses comply with Quebec law.
- Protection for your loved ones: Our notaries will help you create an estate plan that best protects your family.
- Preservation: A notarial will remains confidential and will never be lost or misplaced. It is securely stored in our vaults, and the Register of Testamentary Dispositions of the Chambre des notaires du Québec contains the necessary information to trace your will.
Why choose a notary for estate settlement?
With today’s smaller families, finding a qualified liquidator can be difficult.
We offer a turnkey service to your heirs, managing all the estate settlement steps in compliance with the law and the will’s instructions.
Our professionals follow strict legal practice standards and are supported by a dedicated and efficient technical team.
What to do in the event of a conflict between individual heirs or between the heirs collectively and the liquidator?
Lettre & Brown Inc. specializes in amicable estate settlement and conflict resolution.
With the agreement of all the parties involved, we can intervene to restore communication, explore possible solutions, and provide legal guidance based on Quebec law.
We help resolve estate disputes efficiently while preserving family relationships as much as possible.
Also, explore our estate mediation and civil arbitration services to help resolve disputes related to an inheritance.
Notaries who offer this service
We are your family notaries. We can help you.
Our services are available in our offices or remotely. Do not hesitate to contact us.