Will probate before a notary

Description

Probate of a Will

• A holographic will or codicil, as well as a witnessed will or codicil and must obligatorily be verified by a procedure before a notary or the court or, before it can be used in the liquidation or settlement of an estate. 
• This verification procedure aims to confirm that the document complieswith the formal requirements laid down by law, so that it can produce its effects. However, this does not exclude the possibility of a judicial challenge at a later date.
• However, we do not proceed with verification when the will does not meet the legal requirements. In such a case, verification can be requested from the court, a service ScriptaLegal does not offer
• Any interested party, the liquidator in the first instance of course, can request verification of the will. This requires the presentation of certain documents and involves deadlines. Note however, that a notarized will does not need to be probated.
• Service procedure:
• The notary notifies the heirs of a verification notice to which a copy of the will is attached.
• If the heirs have any observations or representations to make, they must make them known within ten days of notification of the notice.
• Verification carried out by the notary.
• Issuance of conforming copies of the verified will.
• Note:
• Following an assessment based on his professional expertise, the notary may refuse to proceed with the probate of the will, in particular if it does not comply the form criteria set out in the Civil Code of Québec.
• In such a case, an administrative and file opening fee of $150 plus taxes will be withheld from any refundable amount, if applicable.
• It may then be necessary to resort to a court verification of the will, which service is not offered by Scripta Legal.
• Documents required:
• Original will or codicil or both. both.
• Death certificate issued by the Directeur de Registrar of Civil Status.
• Will search with the Chambre des notaires du Québec notaires du Québec et du Barreau.
• Solemn declaration by one of the witnesses confirming that all formalities have been complied with when signing the will or codicil signed in the presence of witnesses. In the absence of this declaration, Scripta Legal will draw it up and send it for signature. (For a will or codicil signed before witnesses.)

• For additional legal information on probating a will, we invite you to consult our frequently asked legal questions.

• A period of 25 to 35 business days will be required for the preparation of your service request

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