As soon as a person dies, there are several actions and procedures to be done by the relatives of the deceased. Various documents of the deceased need to be collected, including his or her will, if there is one. The person may have made a holographic will, a will in the presence of witnesses or a notarial will.
It is essential to find the deceased’s last will and testament.
If the deceased made a holographic will or a will in the presence of witnesses
In the case of a holographic will or a will made in the presence of witnesses, there is no official register to record the existence of a will.
Quite often, people who make a will tell their loved ones or the persons named in the will. These persons usually indicate where the will can be found in the event of death.
The will may also be found in various places such as:
- the deceased’s papers
- a drawer or cupboard
- a home safe
- a safety deposit box at the bank (the bank will require several documents before providing access)
Will made with a lawyer
A will made with a lawyer is considered to be a will made in the presence of witness and will have to be verified upon the death of the testator (unlike a notarial will).
With a will prepared by a lawyer, the testator (the person who makes his or her will) receives a certified copy of the will. The original is kept by the lawyer who registers its existence with the Register of Wills of the Barreau du Québec.
If the deceased made a notarized will in Quebec
With a notarized will, the testator (the person who makes his or her will) receives a certified copy of the notarized will. The original is kept in the notary’s vault.
The existence of the will is registered in the Register of Wills and Mandates of the Chambre des notaires du Québec.
A mandatory step after a death is to do a search of the Register of Wills and Mandates of the Chambre des notaires du Québec. This search will make it possible to know if the will in your possession is indeed the deceased’s last will.
The will search
The will search is a mandatory step, regardless of the form of the deceased’s will. It is even mandatory if the relatives strongly suspect that the deceased did not have a will. This search will allow you to obtain will search certificates that will mention the existence or absence of a will.
This search can be done by an individual or by a jurist. Mtre Mona Salehi and her team are available to take care of the will search for a deceased person.
The search is carried out with the Chambre des notaires and the Barreau du Québec.
