A life of work, savings, wise choices, a patrimony of which you are justly proud. What will become this patrimony in the event of death or incapacity? Will those for who you have built it can enjoy it as you wish?
You have planned the management of your patrimony throughout your life, an estate planning is imperative now. Otherwise, it is the Civil Code of Quebec that will decide on the distribution of your property upon your death.
A notarized Will is the best vehicle to assure the transmission of your patrimony to those that you will have chosen. A Will drafted by your notary allows you to choose your legatees and indicate what are the assets of the succession that they will receive.
The notarized Will shall give you the opportunity to choose the liquidator of your succession, to appoint a tutor to your minor children upon the death of the last parent, to decide if postponed property transmissions must be made to them at the time of their majority, to specify your funeral arrangements, etc. Your notary will answer all of your questions on these subject matters.
Your succession turns out to be more complex, you wish to protect a close relative more specifically, your notary can advise you on the interest of a testamentary trust.
An accident or health problems leave you incapacitated. Who will take care of your patrimony during this incapacity? The Civil Code of Quebec provides that the court will have to appoint, among your parents or your close relatives, a tutor or a curator to assure the protection of your person and the administration of your property. Would this person be your first choice?
The protection mandate in case of incapacity gives you the freedom to appoint a mandatary to property and a mandatary to the person, you could even choose a mandatary to the business, if necessary. Your notary will prepare for you this protection mandate in case of incapacity.
You will then know that a well informed person about your situation and in whom you have confidence will take over as soon as the incapacity will be noticed.
A parent or friend sees a disease impairing his physical or mental faculties, you wish to help him by acting legally on his behalf?
Your notary can proceed to the institution of a protective supervision, a procedure which allows to appoint a person who will administer the property and take care of the affected person if the latter has no protection mandate in case of incapacity.
If the person concerned has a protection mandate in case of incapacity, your notary can proceed to the homologation of this one. The homologation will allow to obtain a judgment noting the incapacity of this person and confirming the validity of his protection mandate in case of incapacity.
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