With the Covid 19 pandemic, legislative and regulatory changes made it possible to sign a notarized will remotely and online with a notary in the province of Quebec. Since the adoption of Law 34, this remains possible in certain specific situations.

Law 34 and its impacts on remote notarized wills

The Teams software made it possible to carry out the consultation remotely and the Consigno software made it possible to sign the will online.

Since the adoption of Bill 34, a law aimed at modernizing the notarial profession and promoting access to justice, it is no longer possible to systematically carry out a remote will, except in exceptional conditions. .

As section II Formalities of notarial acts of the law specifies: “The notary may exceptionally, if the circumstances require it and this can be done with respect for the rights and interests of the parties, authorize a party or a witness who makes the request to sign the act remotely. This authorization may be revoked at any time.”

This means that a notary office can no longer offer a remote wills service for 100% of its clients. It will therefore be possible to do so in very specific cases only.

Cases where it will be possible to make a will remotely

It will be possible to make a will remotely in certain cases which will be at the discretion of the notary.

In relation to signing sessions, although the law favors the face-to-face meeting between a notary and his client compared to a virtual meeting, this remains possible provided that:

“circumstances require it”

“a party requests it” AND

“that this can be done while respecting the rights and interests of all parties”.

It will be possible to sign a will remotely in the following cases:

• person unable to move
• person located abroaddangerous weather conditions that require the closure of schools for example
• etc,

Creation of a central digital registry for notarial wills and other types of notarial acts

As we learn from the explanatory note to this Bill 34 tabled by the Minister of Justice, Attorney General and Notary General of Quebec, Simon Jolin-Barrette, the Chamber of Notaries of Quebec is asked to create a Central Registry digital:

“This bill aims to provide for the use of information technology in the exercise of the notarial profession. Thus, it amends the Notarial Act in order in particular to provide for the reception and conservation of notarial acts in minutes on a technological medium, subject to the possibility, in certain cases, of receiving or storing them temporarily on paper until ‘that it is possible to transfer them to a technological medium. It specifies that the closing of a deed must be carried out using a technological solution authorized by the Board of Directors of the Chambre des notaires du Québec. In addition, it constitutes a central digital registry administered and financed by the Chambre des notaires du Québec and establishes the rules applicable to it. It also provides for the conservation of notary records in this central registry until their transfer to the Bibliothèque et Archives nationaux of Quebec.”

Make your will notarized in Montreal

Me Mona Salehi, notary and her team can assist you in creating your notarized will. The notarized will is the form of will that offers you the best protection in addition to allowing you to benefit from the legal advice and expertise of Me Mona Salehi, notary.