Is the will a sensitive topic for you?

In some cultures, the will remains a difficult subject to discuss, and is even perceived as an act that leads to death, a superstition that has a strong hold in some immigrant communities. Although it may stir up some emotions, it is important to consider the legal consequences that the will entails. A will is a document that allows you to make known your wishes regarding the succession of your property after your death. Without a will, the law will determine your heirs and the share they will receive.

Should a notary help me draft my will?

Knowing the cultural realities of immigrants, being myself from a culture different from that of my host society, I strongly advise to consult a notary in the drafting of a will.

Several factors such as: the marital status and matrimonial regime of the deceased, the age of his or her children, the spread of the family over several continents, the co-ownership of buildings with close relatives, etc. must be taken into consideration when drawing up the will. With his or her professional expertise and legal knowledge, the notary will guide you through the various options that best suit your wishes. He or she will examine all the possibilities available to you in order to protect your loved ones, but also to make the property you leave to your heirs unseizable.

In Quebec, there are three (3) forms of will:

  • The holographic will: handwritten by the testator without the need for the signature of witnesses.
  • The will before witnesses: two witnesses who are not interested in the terms of the will.
  • The authentic or notarized will:
    • The notarial will takes effect immediately upon death, unlike the other two forms, which must be probated by a notary or a court, in addition to incurring legal fees that are higher than the fees associated with the drafting of a notarial will.
    • The notarial will must be published in the register of wills of the Chamber of Notaries and is kept in the notary’s office, which also makes it possible to issue authenticated copies.

Immigration, regardless of status, comes with its challenges. Nevertheless, whatever tangible or intangible assets one may have, one must consider securing them legally.

While waiting for you to contact a notary, I let you reflect on some of the questions that Your Notary will likely ask you:

  1. Who will take care of your child in the event of your death? Do you have trusted people here or are you a new immigrant?
  2. Do you have assets outside the country?