Estate planning, especially from a legal perspective, is often left to notaries. Although notaries are real experts in estate law, lawyers are not left out when it comes to advising their clients in this area.
Whether it's drafting a will, planning an estate, or even representing you in an estate dispute, there is a lawyer to help you. While some may try to look for such a lawyer left and right, the smarter ones will turn to JuriGo to find the right lawyer.
See what an estate lawyer can do for planning your estate and the inheritance of your loved ones!
When to go to a lawyer rather than a notary to deal with an estate problem?
A notary is the first person one thinks of for estate planning needs. However, a lawyer and a notary complement each other’s work quite well in terms of the services offered in inheritance law.
For this reason, you should consult both, but for the following services, it is best to turn to a qualified lawyer!
When there is a conflict, it becomes necessary to consult a lawyer. Notaries are not qualified to represent you in an estate dispute. This is because notaries do not have the authority to handle litigation.
On the other hand, lawyers can act in this capacity and advise you on how best to resolve a dispute among heirs or with a third party to protect the assets of the estate.
The services of a lawyer are also very helpful in drafting a will in front of witnesses . Since lawyers are not public officers like notaries, the wills they draw up are not notarized, but rather witnessed.
These are just as valid as notarial wills. If they are drafted by lawyers, you can get their legal advice in making your will. In addition, lawyers must register them with the Registre des testaments du Barreau du Québec and keep a copy in their files, thus facilitating a search of a will required of the estate.
Consulting a lawyer also allows you to obtain advice on estate planning. Wealth management and estate planning are areas that apply to both lawyers and notaries. When it comes to developing an estate strategy, your lawyer will guide you through the range of options available to you.
When is it necessary to go to a notary? In the same way that litigation falls within the competence of a lawyer, certain acts are reserved exclusively for notaries. This is particularly true regarding the drafting of notarial deeds and the verification of wills.
Testamentary trusts, estate freezes, and estate planning! These legal mechanisms are part of the estate planning process for people with particularly complex or important assets or who have a business to leave to their heirs.
Lawyers can explain whether a testamentary trust, a trust outlined in a last will and testament, can better meet the needs of your heirs than a simple will.
Do you think an estate lawyer can help you? Contact JuriGo today to find a qualified lawyer to help you with planning your estate!
Death without a will: Legal "intestate" succession explained!
When someone close to you dies, you are sure to be filled with uncertainty for a few moments. When a death occurs and the deceased has no last will and testament, it is a whole different matter. This is the beginning of a legal succession called "intestate succession” which involves distributing the deceased person's properties according to the provisions of the Civil Code of Quebec.
Who inherits when someone dies without a will? While it is usually the will that dictates the method of distribution of the assets, in the case of a legal succession, it is the Civil Code that lists each heir according to the family situation of the deceased. Almost every possible situation appears under the law, but your lawyer will help you understand your situation if it falls into a "grey area of the law".
What is the solution if there is an existing will that cannot be found? Are you sure that the deceased made a will but it simply cannot be found? These situations only occur with holographic wills or wills made in the presence of witnesses as the notarized will is registered with the Chambre des notaires and the original copy is kept in a safe by the notary who prepared it.
If a will is lost or cannot be found, there is no choice but to proceed with the settlement of the estate according to the rules of legal succession. All the more reason to register your will properly with the Registre du Barreau or the Chambre des notaires.
Why consult a lawyer for legal succession? To know your rights as an heir, liquidator, or other interested party in succession. A lawyer can explain to you precisely how the liquidation will proceed, of your position in the order of devolution, and give you all the information necessary to make your decision to accept or refuse the inheritance.
Contesting a will: How to nullify a will?
From a legal and inheritance standpoint, contesting a will falls within the lawyer's field of expertise. Since this is a complex and contentious situation, only a lawyer can help in contesting a will. But on what grounds can a will be challenged?
First, it is possible to contest the testator's capacity. To draft a will, just like drawing up a contract or a mandate of incapacity, a person must have the necessary capacity to perform a valid act.
Fortunately, for the estate that does not wish to see a will invalidated, capacity is presumed and it is up to the challenger to prove the incapacity of the testator at the time of the drafting of the will.
A second way to challenge a will after death is through a breach of form. This consists of alleging that the will does not comply with the conditions for the formation of a holographic, notarial, or witnessed will in order to obtain its cancellation.
Undue influence is also a ground for canceling a will. Undue influence (capitation) occurs when the testator drafts his will and is subjected to tricks and pressure from a third party who seeks to benefit from the will.
If you want to have a will annulled, you will need to prove your claim with the help of an estate lawyer!
Answers to Frequently Asked Questions about Estate Lawyers!
Inheritance law is not an area of the law that most people are interested in. However, it can have far-reaching consequences where your rights and interests are involved so it's best to be informed about the broad principles of inheritance law before you consult a lawyer!
What should I do if I find two different wills prepared by my departed loved one?
Under Quebec law, the last will that was drawn up by the deceased has the force of law, regardless of its form. This means that a holographic will that was made after a notarial will takes precedence over the latter if it complies with the legal requirements.
What if the liquidator of the estate neglects his obligations?
The liquidator of an estate is subject to duties of diligence, accountability, and inventory when he accepts his role. These duties are owed to the estate and, more specifically, to the heirs. A liquidator who neglects these responsibilities may be subject to removal by the heirs with the assistance of a lawyer.
What will happen to the estate or the property of the deceased if none of the heirs want to accept it?
The estate will be in the hands of Revenu Québec as an unclaimed estate. This government agency will be responsible for liquidating the estate and publishing the necessary notices in the newspapers so that any potential heir can claim his due.
My relative's estate is insolvent. Am I responsible for the debts?
It is a long-standing misconception that the heirs are responsible for the debts of the estate. This is only true if the heirs and the liquidator are negligent in the liquidation of the estate. In particular, by failing to make an inventory of the property, they can become personally liable for the debts of the estate.
JuriGo can find the right estate lawyer for you!
Is there a problem with the estate of a loved one? Are you afraid that you have not prepared your estate sufficiently to ensure the optimal devolution of your assets?
Do not leave such a situation to chance and act quickly by contacting a lawyer who specializes in inheritance law.
JuriGo is a simple, fast, and free way to find a lawyer!
Simply fill out our online request form and tell us what you need . Following your request, we will put you in contact with an estate lawyer quickly and without any obligation on your part.