In Quebec, as opposed to other Canadian provinces, a lawyer cannot be a notary at the same time. And a notary is clearly a better choice when it comes to preparing and signing a last Will. Mainly because such a Will won’t require probation (in Quebec) to be valid.
If a notary is a natural choice, why one needs an Estate (Successions) lawyer? Answers are many.
Preliminary consultation with an Estate (successions) lawyer
Say, you are going to make your last Will, but you expect conflicts among heirs, even contestation, so you wish to make arrangements and to find options to make your last wishes as bulletproof as possible. Consulting a lawyer is a good idea in such a situation.
Maybe you are one of the creditors, and you are interested if a testamentary provision is a good guarantee that you’d be reimbursed after the debtor’s death. This is a tricky question.
Maybe, you are a potential liquidator and you are interested in your possible obligations to decide whether to take this task or not. Maybe you are an heir facing someone’s claim that you are unworthy to inherit. Or maybe your father (or mother) is vulnerable and weak in spirit — and you suspect that someone is abusing them trying to change their last Will for their own benefit.
In all those situations (and many others) consulting a lawyer is advisable.
Estate settlement (liquidation)
It might be that you are a liquidator of the will, and the heirs require certain actions. You might be interested in the due process, to understand your rights and obligations. You might be also asking if you should satisfy the heirs or if this would entail your personal responsibility. You might even need professional help with the liquidation process.
Will contestation with an Estate (Successions) lawyer
Maybe you wish to contest a Will. Maybe someone contests a Will which you want to defend. Maybe you want to remove a liquidator. Or maybe you are the liquidator and someone tries to remove you. Maybe you are an heir and suspect some foul play. Maybe some words of the Will are unclear and require judicial interpretation. Finally, maybe you are a creditor of the deceased person and you think that some testamentary provisions are there to help the heirs avoiding proper payments.
All these questions bring you in Court, so you very much need a lawyer to represent you. Allen Madelin Lawyers work on daily basis with Wills and Estates issues, consulting the clients and representing them in Courts. For details, please contact us by phone: 1 514 904 4017 or by email: [email protected]. Book your initial consultation with one of our estate (Successions) lawyer. Allen Madelin has been recognized as among the best estate planning law firms in Montreal.
