Will and Mandate in Anticipation of Incapacity - Notaire Montreal LavalNotaire Montreal Laval

Will

Estate planning with a Notary will ensure the peace of mind and protection of your loved ones when they need it most. The Notary will guide you based on your marital situation and inform you of the fiscal impacts of the transfer of your assets.

Who will raise your young children? Will your commonn law spouse be forced to leave your home after your death? Can you bequeath your property to your father, despite his incapacity? Will there be conflicts between the members of your family (i.e. former spouse, children from a previous union, new partner, etc.)? How do you distribute the proceeds of your life insurance ?

The Notary is the most qualified professional to answer your questions on these matters. Other important questions may be raised by the Notary, depending on your situation. The Notary will draft the document needed to settle your estate as efficiently as possible upon your death. A notarized Will simplifies the procedures and costs of settling your estate.

After the signing of your Will, the Notary will proceed to its registration at the Chambre des notaires du Québec which makes it indestructible and traceable at all times.

There are two other forms of Wills: the holograph Will and Will made before witnesses. These two types are subject to a procedure called probate of a Will. This procedure involve additional costs and delays that may cause complications in estate settlement.

Mandate in Anticipation of Incapacity

Make decisions before it is too late!

Incapacity means that a person is no longer able to express their wishes to their loved ones, unaware of their surroundings and does not have a sound judgment. Therefore, there is only one document in Quebec where you can predict who will handle the management of your assets and decisions about your health care : the mandate in anticipation of incapacity. Your spouse, children, or other family members are not automatically appointed to administer your property nor to make decisions for you in time of need.

A notarized mandate in anticipation of incapacity allows you to appoint the people that you trust, who will make decisions concerning your health, your accommodation and will manage your personal and / or business assets. You can determine instructions concerning your treatments, your wishes to be kept alive by artificial means and any opposition to aggressive treatments.

Once your mandate in anticipation of incapacity is signed, your Notary will proceed to its registration at the Chambre des notaires du Québec which makes it indestructible and traceable at all times.