Reading of the will? We hear this question often from our clients. Upon a death of a family member, should there be a gathering to read the will? Is there any fault if there was no such a reading?
When a family member dies, this often leads to a turmoil. There is an emotional aspect, shock of the loss. Also, the Estate opens upon the death with all its administrative problems: funeral arrangements, designating the liquidator, closing accounts, etc.
One of the first steps is to find the Will. Often it appears that the testator kept a hard copy of his last Will, and this makes the heirs’ job easier. They can now be aware of the last wishes of the testator, names of the heirs and the person designated as the liquidator. Of course, it is still necessary to get search results from the Notaries Chamber and the Law Society (Barreau) of Quebec to make it sure that the last Will they have was actually the last one. The heirs shall also wait for the Death Certificate from the Registrar of Civil Status.
If the heirs don’t have a copy, the results of a Will search and the Death Certificate obtained will allow them to request a copy of the Will from the notary who holds the original.
But when the actual reading of the Will happens? Unfortunately, this reading is not a mandatory step to open the Estate. Long time ago, reading of a Will was a symbolic, sacred and necessary step. A notary would gather all the heirs and the liquidator. He would read the Will clause after clause and explain them to the audience. Nowadays such a reading happens less and less. And this provokes some tensions sometimes. Some heirs simply don’t know what inheritance they expect, they don’t know what are the rights, obligations and responsibility of the liquidator. In many cases it would be beneficial for the heirs to ask the liquidator to hold the reading of the Will — at least to facilitate informed communication between the parties.
Yet, there is an exception. It’s possible for the testator to stipulate specifically that the reading should take place. Then it will become the liquidator’s responsibility to arrange for the reading. Such a reading would promote informed cooperation among all the parties. It’s preferable to invite a professional (a notary or a lawyer) to answer questions related to the rules of the liquidation process. If the liquidator ignores such a clause, this might invoke his responsibility.
Contact us for more information.
We are a law firm working with Estates closely. If you have questions, particularly about reading of a Will, don’t hesitate to contact us and to make an appointment.
