Succession / Will — Lawyer in Quebec
An estate lawyer supports you in planning your succession and settling an inheritance. Whether you want to protect your loved ones by drafting a will or need to manage a deceased person's estate, a specialized lawyer simplifies a process that is often complex and emotionally difficult.
For drafting a will, your lawyer ensures your wishes comply with all requirements of the Quebec Civil Code. They explain the three types of recognized wills: the notarial will (the most secure, as it does not need to be verified by the court after death), the holograph will (written entirely in your own hand), and the will before witnesses. They advise you on the distribution of your assets considering the family patrimony, rules on reserved heirs, and the tax implications of the succession.
Your lawyer can also draft a protection mandate in case of incapacity, an essential document that designates in advance the person who will make your financial and medical decisions if you become unable to do so yourself. Without this document, your loved ones will have to undertake costly and lengthy legal proceedings to obtain this authority.
In the event of a loved one's death, the lawyer guides the estate liquidator (formerly called the executor) through all their legal obligations. They help them complete a full inventory of the estate's assets and debts, publish notices to creditors, file the deceased's final tax returns, pay the estate's debts, and finally distribute the inheritance to heirs according to the will or the rules of legal succession.
If an heir contests the validity of the will, whether due to the testator's incapacity, undue influence, or non-compliance with legal formalities, your lawyer represents you in court to defend or challenge the document. Contesting a will is a complex judicial process that requires solid legal expertise.
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JurisIA is an informational tool and does not replace the advice of a qualified lawyer.