How to Perform a Will Search in Quebec
When searching for a will in Quebec, you must follow a structured process to ensure that you locate any registered testamentary documents. Quebec has a centralized system for will registration, making the search process efficient. Below are the steps to perform a will search in Quebec:
- Obtain the Death Certificate or Proof of Death – Before starting the will search, you need to have an official death certificate from the Directeur de l’état civil or proof of death issued by a funeral home.
- Identify the Relevant Registry – The Chambre des notaires du Québec registers notarial wills. Lawyers (advocates) may register wills they prepare with the Barreau du Québec. You may or may not register holograph wills and wills made before witnesses.
- Submit a Request to the Will Registries – You must send a formal request to both the Chambre des notaires du Québec and the Barreau du Québec. This ensures a thorough search. These organizations maintain databases of registered wills.
- Provide Necessary Information – The request must include the deceased’s full name, date of birth, and date of death. Additionally, include a copy of the death certificate or proof of death. You might need to provide other information necessary to identify the deceased to exclude errors, such as social insurance or medical insurance numbers.
- Pay the Required Fees – Performing a will search in Quebec incurs fees. The exact amount varies depending on the registry and the type of request submitted.
- Wait for the Search Results – The registries will process your request and provide a certificate indicating whether a will has been found. This can take a few days to a couple of weeks or sometimes even longer.
- Retrieve the Will from the Notary or Lawyer – If a will is found, you will need to contact the notary or lawyer who holds the original document. If the will is not found, legal heirs may need to proceed with an intestate succession process. Follow the rules of legal devolution provided by the Civil Code of Quebec.
Conclusion
Performing a will search in Quebec is an essential step in estate settlement. By following these steps, you can ensure that the deceased’s last wishes are respected and that estate administration proceeds smoothly.
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].
