Question 1

What do I need to make a will?

Accepted Answer

Your IDs and your social insurance number.

Question 2

Why does the notary need my social insurance number?

Accepted Answer

Wills are registered at the Chambre des notaires for future traceability, the will is dated and has a minute number which will be linked to your personal information (name, date of birth, social insurance number, marital status, etc.).

Question 3

Do I need to give the notary a list of all my assets?

Accepted Answer

The notary needs to have a general idea of your current assets and type of assets to give you proper advice on estate planning due to possible tax consequences, assignation of beneficiaries that bypass the will, etc. A formal list is not required, but there will be discussions about your patrimony.

Question 4

Can I do whatever I want in a will and leave my assets to whomever I want?

Accepted Answer

Yes, in Québec, you have the total “freedom of testation”, meaning that you can nominate inheritors of your choice without being bound by the Civil Code’s rules on estate devolution.

Question 5

Does my will cover assets in other countries?

Accepted Answer

The notary is an expert in Québec law, and cannot guarantee that your will in Québec will produce effects in other countries. Ideally, you should meet with a notary or a lawyer in that country for a consultation on the matter, and perhaps draft a will there to complement the one that you have in Québec.

Question 6

What is trust?

Accepted Answer

A trust is a list of assets that do not have a formal owner, that are managed by a trustee for a specific purpose, and distributed to beneficiaries once the trust dies. Whether you need to establish a trust in your will or not is a question to be treated on a case by case basis and to be discussed with the notary during your consultation.

Question 7

What happens if I die without a will?

Accepted Answer

Your legal inheritors (determined in the Civil Code of Québec) will have to settle the estate together and nominate an executor among them who will have limited powers. This can greatly complicate the settlement of the estate and conflicts are harder to resolve.

Question 8

Is it true that the government takes one half of the estate if there is no will?

Accepted Answer

In Québec, there is no estate tax; the succession itself has to pay any tax resulting for the deemed disposition of the deceased’s assets, regardless of whether there is a will or not; one basic way of planning an estate to defer taxation is to take advantage of fiscal rollovers between spouses, which are possible with a will.

Question 9

Is my handwritten will recognized in Québec?

Accepted Answer

It can be recognized, but it has to be probated. The probate process will entail costs and delays to your inheritors, and handwritten wills are more prone to being contested.

Question 10

What is a power of attorney?

Accepted Answer

A power of attorney is a legal document where you give powers to a representative to exercise your civil rights on your behalf and following your instructions. If you are advancing in age and need your children or relatives to take care of you and your finances, this is a crucial document to give them access to your assets.

Me. Yanis Bouktit, Notaire

Settlement of Estate

Services offered by Me. Yanis Bouktit include:

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Where there is a will, there is a way.

George Herbert