Will

Notarized Will in Montreal

Ms. Mona Salehi, a member of the Chamber of Notaries of Quebec, the professional association of notaries of Quebec and International Union of Notaries.
Do you need a notary to draw up your will? Contact Mona Salehi promptly at 514-903-8560

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What are the advantages of a notarial will?

Unlike the holograph will and a will made in presence of a witness, a notarial will takes effect at the time of testator’s death. The notarial will does not need to be subject to a verification procedure by a notary or by the Superior Court of Quebec, a verification process which involves expenses and delays. Moreover, as a will made before a notary is registered in the Register of wills of the Chamber of Notaries in Quebec, it will allow easy identification and rapid implementation if necessary. The risk of distraction, degradation, or loss of the will is thus eliminated.

The notarial will therefore provides a faster and cheaper process of settling the estate. The notary will explain the precise definition and scope of the legal terms used in a will, such as those that concern a particular legacy, residuary universal legacy and the nomination process of a liquidator and replacement liquidator.

There are four types of wills recognized by the Civil Code of Québec:

The notarial will (before a notary and a witness in most cases)

The holograph will (handwritten by the testator and signed by him)

The will made in presence of witness (will made before two witnesses)

The will prepared by a lawyer is regarded as a will made before two witnesses.

How to change a will?

To change a will, two options are available to you: make a codicil or make a new will. A codicil is recommended for minor changes to a will. For major changes, it is advisable to make a new will.

What is the price of a notarial will?

The price of a will, like any other legal act, varies according to the complexity of the case, the time spent on the file, disbursements (taxes, registration fees for the Register of Wills of the chamber of the notaries, etc.), management and operation fees (employee (s) of the notary, the localization of the place of business, etc.), expertise and experience of the notary.

The fee of Mtre Salehi for a simple will (not trustee) start from $ 700 plus taxes. A will is a written document by which a person (the testator) possesses the manner how his/her assets are to be distributed after his/her death.

What happens for a death without a will?

Upon the death of a person who had no will, his estate will be distributed according to the articles of the Civil Code of Québec. So it may happen the deceased’s assets will not be distributed as it would have wished. The property will be distributed in certain proportions and according to provisions established by the Civil Code of Québec to his children or their representatives, the surviving spouse, his parents or one of them, his brothers and sisters or their representatives and finally his nephews and nieces.

What about free will templates?

I advise you to beware of free wills available on the Web. In many cases, the template will not be prepared in accordance with Quebec law and may not respect one or more articles of the Civil Code of Québec. Moreover, it will have to be verified, which will result in costs and delays for your heirs. In the end, it will be more expensive than a notarial will!

Why choosing Mtre Mona Salehi, Notary in Montreal?

Mtre Mona Salehi guarantees a will in proper shape and form, which does not have to be certified (verified by the Court), complies with the laws of Quebec, and is adapted according to your needs and your situation. Mtre Salehi draws up your will clearly and precisely in order to restrict problems of interpretation. Mtre Mona Salehi can be reached by appointment in her office located in downtown Montreal. Make an appointment promptly at 514-903-8560.

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