Who is entitled to get a copy of a last Will in Quebec?
Verification of the Will
In Quebec, the right to obtain a copy of a last will depends on whether the will has been probated or not. When a person passes away, their will must go through verification if it is a holograph will or a will made before witnesses. A notarial will, however, does not require probate. It is already considered authentic. Once it is verified or deemed valid, certain individuals have the right to request a copy of a last Will.
The Liquidator and the Heirs
The main individuals entitled to obtain a copy of the last will are the liquidator (executor) and the heirs. The liquidator is responsible for administering the estate. Therefore, they need access to the will to carry out their duties. Heirs, whether named in the will or legal heirs in the absence of a will, are also entitled to know the contents of the document. This is to understand their rights and obligations.
Creditors and Interested Parties
Additionally, certain creditors and interested parties may request access to the will in specific circumstances. For example, if someone has a legal claim against the estate, such as an unpaid debt or a dispute over inheritance, they may be able to obtain a copy through legal proceedings. The notary who drafted the will or the court handling probate can confirm who is legally entitled to receive a copy.
Registration and Access to the Will
In Quebec, wills are registered with the Barreau du Québec’s Register of Testamentary Dispositions or the Chambre des notaires du Québec. However, registration does not mean automatic access to the document. Only those with a legitimate interest, such as beneficiaries and legal representatives, can formally request a copy through the appropriate channels.
Resolving Disputes Over Access
If disputes arise regarding access to the will, legal action may be necessary to resolve the matter. A lawyer or notary can assist in determining eligibility and the best way to obtain a copy. Ultimately, the law aims to protect the privacy of the deceased while ensuring that those with a valid interest have the necessary access to the will.
Allen Madelin Avocats offer consultations both in person and via videoconference. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
