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Wills and protection mandates

The joint will is prohibited by the Civil Code of Quebec, Art 704 Ccq. A joint will would deprive the testator of exercising his individual right to freely dispose of his property and also prevent him from making changes to his will without the consent of his spouse (cotestator).

No. However, it should be noted that appointing a foreign liquidator can have significant tax impacts, given that control of the estate's assets is held by the liquidator. So if the latter resides outside of Canada, the estate will be considered foreign by Revenu Québec and the Canada Revenue Agency, and therefore the estate will be heavily taxed.

No, there is no obligation for the tutor and the liquidator to be the same person. Nothing prevents it either. The most important thing is that you trust the person or persons named to entrust them with the custody of your minor children and the management of your property after your death.

The minutes of the notary are traceable. In this case, you will have to contact the Chambre des Notaires of Québec to get information on the location of your notary’s office.

Yes, you can choose people from anywhere in the world. Toutefois, il ne faut pas oublier que l’intérêt de l’enfant prime.

No, the notary is bound by the obligation of confidentiality. He cannot therefore transfer duplicates to anyone other than the testators.

Real estate transactions

Yes, the seller also has an invoice to settle when selling his property, including the cancellation of his existing mortgage, as well as its publication in the land register.

Yes, all parties to the purchase contract must be present. Failing this, a notarized power of attorney must be valid so that the designated representative can sign in the name and on behalf of the mandate.

It will be necessary to distinguish whether the building object of the sale is the family residence, or not. Is it a family patrimony asset? It will also be necessary to identify the matrimonial regime of the couple.

No, the notary cannot pay invoices or remit sums to persons unrelated to the transaction, unless there are specific instructions. The balance will be given to the seller, who can make the payments.

No, no balance will be given to the seller as long as the publication in the land register has not been made.

Marriage contract

Yes, the future spouses must have all the information and explanations by the notary, on the impact and the effects of signing a marriage contract. The notary acts as a public officer: he must protect both parties and act impartially. The parties must be fully notified of the decisions they plan to make.