Last will
It is important to make a notarial will. This will save a lot of time and costs to your heirs. In fact, the will done before a notary does not have to be verified by the court at your death because it is an authentic deed. In addition, the person making a will chooses his heirs and liquidator, formerly known as the executor. Otherwise, the law will determine your heirs and the liquidator. As the notary is familiar with the laws, there will be no ambiguity in the drafting of the document. Also, the notarial will is kept in a fireproof vault and a notice is registered in the Chambre des Notaires du Québec, making it recoverable. Here are the main reasons for making a notarial will.
Protection / Incapacity mandate
The protection mandate is an act in which you choose your mandatary who will take care of your property and your person if you become incapable. Otherwise, the process will be more complex and more expensive and the agent in office will not necessarily be the person of your choice. That's why you have to consult a notary to get the right advice.
Power of attorney
It is convenient to have a power of attorney if you are abroad for an extended period, and you have business to settle during your absence or simply have difficulties to move. Whether you are a snowbird or a member of the military, or another case where you need to be replaced, someone you trust may be authorized to act for you in your power of attorney. The notary can advise you to this effect.
Marriage / Wedding contract
You should know that if you decide to get married, you have the choice of your matrimonial regime and that it has important consequences on your property. Therefore, it is recommended to consult a notary before the marriage to know the possible options and the legal effects of the marriage and the marriage contract.
Agreement between de facto spouses
Many couples want to live together without being married. They can make an agreement between them determining the rules for sharing common expenses during their life together and sharing their property in the event of a break in their life together. It is a similar convention to a marriage contract for unmarried people. We suggest establishing the sharing rules while the relationship is going well. It's much simpler and avoids unpleasant surprises.
Indivision agreement
When you buy a property with several co-owners, it is important to provide for an indivision agreement. This allows to establish the shares of each and the contribution to the expenses. In addition, you may have clauses giving you priority if one of the co-owners decides to sell his share or if the death of one of the co-owners occurs. This is how one can protect oneself so as not to have the succession of the deceased becoming co-owner.