Why opt fora notarized will?

You havethe rightto foresee.

1To clearly define andexpress your wishes

When preparing a will, here are some of the questions
you should ask:
Who will be your heirs and what will their shareof the inheritance be?
Who will settle your succession and whatpowers do you want this person to have?
Who will act as tutor for your children
who are still minors?
How will your business be transfered and managed?
Do you want to consent to a gift of organs
after your death?

Consult your notary!

© Chambre des notaires du Québec, 2021 - DEP201 - PHOTOS : ISTOCK

www.cnq.org

Thenotarized will
A notarized will isa sure thing!

Your notary is the ideal legal professional to advise
you on preparing your will. He will help you makeinformed choices by explaining their legal andtax consequences. He will also answer any questions
you may have, and draft your will in a manner thatclearly expresses your wishes.
Beware of websites that offer pre-filled forms
or notarized wills without a consult with a notary,
as you are depriving yourself of a notary’s expertisein understanding the impact of your wishes
on your loved ones.

2Save timeand money

Your will is the most important document
for planning your succession. Your notary
will advise you on how to:Reduce taxes on your property after death.
Transfer, with no immediate tax consequences
after death, savings or retirement funds such
as Registered Retirement Savings Plans (RRSP)or Tax Free Savings Accounts (TFSA).
Name other people who may continue
to contribute to any Registered Education
Savings Plan (RESP) you have taken out.
Manage your children’s inheritance.
Add a clause involving private dispute settlement
methods (mediation, arbitration, conciliation, etc.)
in the event of disagreement during the liquidation.
With a notarized will, your heirs avoid costly feesand delays after your death. A will that is notnotarized must be probated by a notary or a court
before it can be used to settle the succession.
This process involves both time and money.

Did youknow?
à All the information you disclose to a notary
is confidential. Only once you have passed away
can your notary give copies of your will to thosepeople legally entitled to receive it.

A notarized willallows your heirs
to avoid significant
costs and delays
after your death.

3

Make life easierfor your heirs

A notarized will provides added peace of mind
and makes life easier for your heirs.
It is also a reliable and secure document
fo reasons that include:
Yournotarized will is harder to contest than one thatis not, because your notary ensures its authenticity.
He must verify your identity and prepare a will that
conforms to the law and to your wishes. He mustalso explain its content and certify that you haveunderstood it and signed it freely.
 notarized will is always protected because yourAnotary has to keep the original in a secure place,as required by law. You can therefore be certain thatthe document will not be lost, modified or destroyed.
Your notary will give you a true copy of the original.
Afteryour death, your heirs may easily check
whether you had a notarized will by submitting asearch application to the Register of Testamentary
Dispositions of the Chambre des notaires. Indeed,notaries are required to transmit information to theRegistrar regarding the wills they keep.
The purpose of the register is to maintain a listof all notarized wills in Québec. However, it does
not contain copies of the wills themselves.

4

Avoid unpleasantsurprises

If your will is not notarized:
 must be probated by a notary or by a court beforeItbeing used to settle your succession. This processusually costs much more than having your notary
prepare a will. The probate procedure may also
involve major delays in settling the succession.
It may not be valid in Québec.

 could contain clauses that are illegible,Itincomprehensible or incompatible
with the law or be incomplete.

àHOWTO PREPARE

It may be lost, modified or destroyed.
If you don’t have a will, the law will determine theidentity of your heirs and their share of the succession.
Here are some of the legal rules that apply:Without
a will, your common law spouse does
not inherit anything. This rule applies regardlessof the length of your relationship or whether
you have had children together.
Yourspouse does not necessarily inherit allof your property, unless you have a marriage
contract that says so.
If you are separated but not divorced,
your spouse is still considered your heir. This rule
applies even if you have had a new common
law partner for several years.
Yourchildren could end up being co-owners of yourproperty with your spouse or with other members of
the family. Furthermore, if they are still minors, thecourts will make certain decisions for them, such as
selling or mortgaging a house they have inherited.
If you quickly made an online will using
a simple form:

Information
to collect¡ Your date of birth and social insurance number¡ Documents relating to your civil status(marriage certificate, marriage contract,judgment of divorce, etc.)¡ A patrimonial inventory accessible on
the Chambre des notaires website under“The Chambre’s Services.”, which is a listof your property, investments and debts, including
any property located outside Québec¡ Your business documents (shareholders agreement,partnership or association agreement, etc.)¡ Your life insurance policies¡ Any other information requested by your notaryFoodfor thought¡ Whom do you want as heirs? What portionof the inheritance do you want to leave them?

It could contain inappropriate or fiscally unfair
inheritances that do not respect your initial wish.

¡ How should the inheritance be shared if oneof the heirs dies or cannot receive his share?

Even if a notary prepares the document online,
it could end up not being a notarized will en minute,and your succession would need to have yourwill probated, which could result in delays
and additional costs.

¡ Who will settle your succession? Do you want
this person to be compensated? Who willreplace him if it becomes necessary to do so?

Do you know the online company’s security rules
on protecting your personal information?

¡ Who will act as tutor for your children
who are still minors? Do you want this person
to be compensated? Who will replace him
if it becomes necessary to do so?
¡ What are your instructions for your funeral?
¡ Would you consent to a gift of your organs?
¡ Any other question raised by your notary.