Life is unpredictable, and it is essential to take the necessary steps to protect your loved ones and your assets after your death. The notarized will is the ideal tool to ensure that your last wishes will be respected and that your assets will be passed on according to your wishes.
In this article, we will explore the many benefits of a notarized will and guide you through the steps to write one with the help of a notary.
What is a notarized will?
A notarized will is an authentic document drafted by a Quebec notary according to your instructions. It allows you to designate your heirs and distribute your assets as you wish. Unlike a holographic (handwritten) will, the notarized will offers optimal legal protection.
The benefits of a notarized will
The notarized will has many advantages that make it the safest and most reliable option to express your last wishes. Let's discover together these major assets.
Indisputable validity
Let's start with one of the main advantages of a notarized will: its indisputable validity. The Quebec notarized will is established by a public officer, your notary, which gives it probative force. It is therefore very difficult to challenge it in court. By opting for a notarized will, you avoid family conflicts and lengthy and costly legal proceedings.
Personalized advice
Another major asset of the notarized will lies in the personalized advice you receive from your notary. When you consult a notary for a will, they guide you in the drafting of your will according to your family and patrimonial situation, in addition to advising you on a fiscal level. They ensure that your last wishes are clear and in accordance with the law. With a notarized will, you benefit from the expertise of a legal professional.
Secure storage
Finally, let's not forget the importance of the secure storage of your notarized will. Once your notarized will is signed, it is kept safely by your notary in their vault. An entry is also made with the Chamber of Notaries of Quebec under your name and social insurance number. You have the guarantee that it will not be lost or destroyed. At the time of the opening of your succession, your notary will be in charge of finding your notarized will and informing your heirs following a will search in the registers of the Chamber of Notaries of Quebec and the Quebec Bar.
How to make a notarized will?
To make a notarized will, simply make an appointment with a notary. During this meeting, you will express your wishes regarding the distribution of your estate. The notary will ask you questions about your family situation, your assets and your wishes. They will advise you on the different options available and ensure that your will complies with the law.
Once your notarized will is drafted by your notary, you will sign it in the presence of the notary and a witness. The notary will then keep your will safely until the opening of your succession.
Can a notarized will be modified?
You can modify a notarized will at any time by drafting a new will with your notary. It is recommended to regularly update your notarized will according to significant changes in your life (for example: marriage, divorce, birth, real estate purchase, etc.).
You can also revoke your notarized will if you wish. To do this, you must draft a new notarized will that expressly cancels the previous one. It is important to note that only the last notarized will (the most recent) will be taken into account when your succession is opened.
La Maison Notariale: your partner for making a notarized will
To make a will with complete peace of mind, trust La Maison Notariale. Our notaries specialized in notarized wills accompany you in the drafting of your will and advise you on the best options to protect your loved ones. Contact La Maison Notariale now to make an appointment with a notary.
In conclusion, the notarized will is an essential document to express your last wishes and ensure the transmission of your estate. Don't wait any longer to make a notarized will and offer your loved ones the peace of mind they deserve.
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