When you die, who will inherit your property? Who will take care of providing you with a suitable burial? Who will pay your debts? Who will take care of your children?
So many questions that deserve answers, but when one is six feet underground, not easy to be heard.
The will is the perfect tool. It allows you to put your wishes in writing and to ensure respect following your death. This will have the merit of being clear. You will be able to determine who will be distributed your property and who will be responsible for liquidating your estate (liquidator). You can even see your consent to organ and tissue donation and decide on your funeral.
Forms of will
The holograph will be entirely written by the testator (which excludes any technical means such as computers, typing, etc.) and signed by him.
The will in the presence of witnesses may be written by the testator or by a third party, by hand or by technical means. It must be signed by the testator and two major witnesses. A will made by a lawyer is usually made in this form.
The notarial will is prepared and received by your notary. Your notary ensures that your will complies with the law and your wishes and ensures its preservation, thus avoiding any risk of loss or destruction. The notarial will is difficult to challenge and is the only testament that, to produce its effects, will not have to be verified following your death.
And if I change my mind …
Amendments to a will can be found in a codicil, for minor changes, or in a new will.
Without a will
In the absence of a will, your estate will be qualified as intestate. In this case, it is the law that decides for you who will inherit your property. But are you sure that it will respect what you would have liked? The law applies to all, regardless of the affections and preferences you may have had for certain people. Thus, a common-law partner or friend can never inherit in the absence of a will.
If you are a strong supporter of insurance because you believe that prevention is better than cure, then why not make your will, especially since death is inevitable. But do not worry, doing your will does not kill you.
Christiane Ratelle, notary