Secure the future of your assets
Your will is the voice of your last wishes. We offer you :
- Tailor-Made Wills: We create a will that respects your wishes and protects your loved ones.
- In-depth Legal Advice: We explain the implications of each decision so that your wishes are clear and achievable.
- Official Validation and Registration: We ensure that your will is legally valid and properly registered.
Examples:
- Determining the distribution of your assets among your heirs according to your wishes.
- Appoint a tutor for your minor children and a liquidator for your estate.
- Include bequests to charities or causes close to your heart.
Frequently Asked Questions:
No, if you die without a will, your de facto spouse does not inherit any of your property. In the absence of a will, the law does not recognize de facto spouses in the same way as married spouses when it comes to inheritance. Your assets will be distributed according to the rules of legal devolution, which favor the closest relatives, such as children or parents. In order for your common-law partner to inherit, it is essential to clearly stipulate this in a will.
No, it is not possible to draw up a joint will for a couple in a single document. A will is a strictly individual document and must be drawn up separately by each person. Not only does this ensure that everyone’s final wishes are clearly expressed and respected, it also preserves the confidentiality of the arrangements made by each spouse. Each will remains personal and confidential, which is essential to protect the privacy of each individual’s choices and wishes.
No, it is not possible to include incapacity provisions in a will. A will takes effect only after your death and concerns the distribution of your assets. For situations where you are alive but unable to make decisions for yourself, you would need to draw up a separate document, such as a
mandate of protection
. This mandate allows you to designate a trustworthy person to make decisions on your behalf in the event of incapacity. It is therefore important to prepare both documents separately to cover the various eventualities.
Yes, it’s strongly recommended that you have a will, even if you’re married and own property jointly. In the absence of a will, your assets will be distributed according to the rules of legal devolution, which may not correspond to your personal wishes. Moreover, a will clarifies your intentions and avoids complications or disputes between heirs. It also ensures that your wishes will be respected regarding the appointment of an executor, the custody of minor children, and other important aspects that are not automatically resolved simply by being married.
A notarial will is drawn up by a notary who ensures that your wishes are clearly formulated and in accordance with the law. Unlike holograph wills or wills made in the presence of witnesses, they are kept securely and do not need to be probated after your death, which eases the burden on your heirs and considerably reduces the costs and time involved in settling your estate. It ensures superior confidentiality and legal security, limiting the risk of litigation. Registered in the Chambre des notaires database, it is easy to find, guaranteeing that your last wishes will be respected.
In principle, under Quebec law, inheritances as such are not taxable for heirs. However, there may be indirect tax implications. For example, if the inheritance includes assets that generate income (such as rental properties or investments), this income will be taxable. In addition, certain estate dispositions, such as the winding-up of an RRSP or RRIF, can result in tax liabilities for the estate, which in turn can affect the net value of the inheritance received. It is therefore advisable to consult us and a tax specialist to understand all the tax implications of an inheritance.
