A notarized will, unlike a holographic or witnessed will, does not require verification by the court or a notary to take effect.
It is well known that a notarial will, unlike a holograph will or a will signed in the presence of witnesses, does not need to be verified by the court or a notary to take effect.
Thus, an Uncle, after making several specific bequests, leaves the residue of his estate equally among his eleven nephews and nieces. Following his death, one of the nephews applies to the Court* for a request to verify "codicils" related to a notarial will. The nephew asks the Court to verify and recognize as a codicil an authentic copy of the notarial will, on which the names of two heirs have been crossed out since the deceased Uncle initialed beside the erasures.
The Court of Appeal recalls that the original will, kept by the notary at his office, remained unchanged and free from erasures. Therefore, it dismisses the verification request presented by the nephew.
The Civil Code of Quebec allows for subsequent erasures on a holograph will or a will signed in the presence of witnesses only if it is established that they were deliberately made by the testator. For a notarial will, it is completely different. For any revocation of a bequest, "the erasures had to be made by a subsequent testamentary act explicitly declaring the change in his will."
Unlike a holograph will or a will signed in the presence of witnesses, a notarial will cannot be crossed out after signature. Quality and reliability sometimes have disadvantages.
*Court of Appeal (500-09-022230-114)
