A will (also known as a testament) is a document which expresses a person’s wishes as to how their property is to be distributed after their death.
Can I Make My Own Will?
Yes, while it is possible for a person to create their own will, there are two essential conditions which must be met: the person must be at least 18 years old, and of sound mind (in other words, the person understands the nature of the document and its consequences). Couples are not allowed to make a joint will – each spouse must have their own individual will.
Different Types Of Wills
In Quebec, there are three different types of recognized wills: notarial wills, holograph wills, and wills made in the presence of witnesses. Each will have its own list of advantages and disadvantages.
Notarial wills: Notarial wills are written by notaries, in either English or French. The will must indicate the place and date it was made, and must be signed by a notary and at least one witness.
Holograph wills: A holograph will is the simplest type of will. It is entirely written by hand and signed by you.
Will made in the presence of witnesses: This type of will must be signed in front of at least two witnesses, at the same time. Anyone over the age of 18 can participate as a witness, but it cannot be a beneficiary of your will.
It is important for your loved ones to get their ducks in a row. Contacting a lawyer or a notary with respect to your will and successions is the best way to ensure that your property is properly taken care of.
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