IDENTIFICATION AND REGISTRY
The will received in front of a notary is an authentic deed that is registered in the register of wills of the Chambre des notaires du Québec in order to be easily traced to death.
The will indicates the address and marital status of the testator at the time of signing.
You will communicate to the notary the number of the card issued by the RAMQ and the social insurance number of Canada for the register of wills and that of organ donation, if applicable.
REMAINS AND FUNERAL
The will can express the directives relating to the remains (burial, cremation, disposal of ashes, etc.) and funerals (embalming, religious or other ceremony, burial, etc.). In some cases, the whole can be left to the discretion of the spouse or relatives, or the designated liquidator. In other cases, the testator indicates that prior funeral arrangements were made with a funeral society.
ORGAN DONATION AND MEDICAL OR SCIENTIFIC RESEARCH
The will indicates the acceptance or refusal of organ donation and medical or scientific research and the notary may record this choice in the relevant register of the Chambre des notaires, which may be consulted by health professionals in the appropriate circumstances.
By a particular bequest, the will can ensure a transfer, without taxation on the day of death, of the monetary sum held by the deceased under various tax regimes (RRSP, RRIF, TFSA, etc.) for the benefit of the surviving spouse.
Also, a particular legacy may be aimed at a particular object (jewellery, collection, furniture, etc.) to be bequeathed to the person designated by the testator; for example, my tools to my son or my books to my niece, or again, can ensure the payment of a determined monetary sum to a person concerned; for example, $500 to each of my grandchildren.
The acceptance of an estate entails the obligation to return the goods affected by a particular legacy to the person provided for in the will. Thus, the particular legacy must be compulsorily executed by the liquidator.
The universal bequest covers all movable or immovable property of the deceased to be given to a person or a group of persons in shares determined by the testator.
ALTERNATIVE DEVOLUTION IN THE CASE OF PREDECEASED
In the event of the death of an heir or a legatee at the time of the opening of the succession, it may be provided that the share or the property may be allocated by representation, or to the children in the first degree of that person deceased before the opening of the succession, or by increment, so that the share attributed to this predeceased person is attributed to other colegatees.
The will can provide for several hypotheses, and this, at several levels of heirs or legatees. Thus, the will of the testator will be executed regardless of the circumstances on the day of his death.
LEGACY TO A MINOR AND TRUSTEE
The will can indicate to the liquidator to preserve in the succession and under its administration the goods devolving to a minor to allocate them at times determined by the testator.
For example, the interest generated by the minor’s share may be returned to him on the day he attains his majority then annually and the capital on the day he reaches his twenty-one years or at another time.
Also, a testamentary disposition may authorize the liquidator to remit the sums necessary to meet the minor’s basic needs and educational needs.
By the will, a parent may indicate the desired person to take care of a child as a guardian; your notary will discuss this possibility with you if necessary.
The liquidator, formerly known as the “executor”, is the person responsible for settling the estate. He is appointed by the testator, the heirs or a court.
The testator may also provide for alternative choices in the event of incapacity to act of the liquidator appointed by him.
The remuneration or not, the reimbursement of expenses or loss of salary of the liquidator is provided for in the will. The notary can advise you on this matter.
This notarial act aims at modifying a part or a portion of an existing will. For example, withdrawal or addition of a legatee, modification of a legacy or change of the liquidator or a replacement, etc. In the testamentary search carried out following the death, the modified will and its modification by codicil will be revealed to interested parties by the register of wills which includes codicils.