When a person passes away, the liquidator and the heirs would want to quickly obtain a copy of the will.
Who can get a copy of the will?
If the testator is alive
If the testator (the one who made the will) is alive, he or she is the only person who can obtain a copy from the notary who executed the deed.
If the testator has died
Section 484 of the Code of Civil Procedure provides that “the parties, their heirs or legal representatives” have the right to receive a copy of the last will. The notary then issues a legal opinion that will determine his/her decision on whether or not to provide a copy the of will to a person other than the liquidator. Note that only a court can force a notary to provide a copy (section 485 of the Civil Procedure Code).
Getting a copy of a will
The application must be made to the notary who received the will. If the notary no longer holds it or has died, his records, containing all his acts in minute, his register and the index is transferred to another notary or filed in the Superior Court. The Chamber of Notaries of Québec may at any time trace the records of a notary. You can contact the Chamber of Notaries of Quebec at 514-879-1793 or 1-800-263-1793.
The cost to obtain a copy of a will
The notary provides an invoice for every copy of the deed because he must locate the deed, take it out of his safe, reproduce it, make the necessary entries and make sure the notarial documents are preserved and stored in a fireproof safe. Fees vary from one notary to another, generally ranging between $ 70 and $ 150. The notary does not give you the original document but a copy and will certify that it is a true copy of the original.
Testamentary search
Anyone concerned with the succession who produces a copy of the death certificate issued by the Civil Status Department may apply to the register of wills in Quebec for a search for a will. However, the Civil Code expressly anticipates that the liquidator is responsible for establishing whether or not the deceased made a will. You can also ask a notary to undertake the necessary research. Note that to respect the confidentiality of the process, the registry will communicate the results of research to the person who made the request.
Mona Salehi Notaire – monasalehinotaire.com
