5 things to know about wills, codicil and ab intestat

  1. Notarized will:
  • A notarial will is executed by a notary, en minute, in the presence of a witness or, in certain cases, two witnesses (art. 716 et ss. C.C.Q.).
  1. Holograph will:
  • A holograph will shall be written entirely by the testator and signed by him, without the use of technical means (art. 726 C.C.Q.).
  1. Will before 2 witness:
  • A will made in the presence of witnesses is written by the testator or by a third person. The testator then declares in the presence of two witnesses of full age that the document he is presenting is his will. He need not divulge its contents. He signs it at the end or, if he has already signed it, acknowledges his signature; he may also cause a third person to sign it for him in his presence and according to his instructions (art. 727 et ss. C.C.Q.).
  1. Codicil:
  • A codicil refers to provisions amending an earlier will or containing clarifications or new provisions that were not in the original deed. The codicil is subject to the same formalities as the will. It can also appear as one of three types:
  1. Notarized codicil
  2. Holograph codicil
  3. Codicil in presence of 2 witnesses
  1. Absence of will: ab intestat:
  • What happens when a loved one passes away without leaving a last will and testament?
  • The C.C.Q. provides strict rules depending on the Deceased family situation with four (4) possibilities:

a. Deceased is married:

i. Married with no children: 2/3 goes to the spouse or husband and 1/3 to the mother and father.
ii. Married with children: 2/3 goes to the children and 1/3 to the spouse or husband.
iii. Married with no children and no parents: 2/3 goes to the spouse or husband and 1/3 to siblings.
iv. Married with no children, no parents, no siblings, no nieces or nephews: 100% goes to the spouse or husband.

b. Deceased is NOT married (or spouse or husband is deceased):

i. Children: 100% goes to the children.
ii. No children: ½ goes to the siblings and ½ goes to the mother and father.
iii. No children, no siblings, no nephews and no nieces: 100% goes to the parents.
iv. No children, no parents: 100% goes to siblings.

c. Deceased has NO children, no spouse or husband, no parents, no siblings, no nephews or nieces:

i. Descendants from nephews and nieces and ordinary ascendants or other ordinary collaterals: ½ goes to descendants from nephews and nieces and ½ goes to ordinary ascendants or other ordinary collaterals.
ii. Descendants of nephews and nieces, but no ordinary ascendants or ordinary collaterals: 100% goes to descendants of nephews and nieces.
iii. No descendants or nephews or nieces: 100% goes to ordinary ascendants or other ordinary collaterals.

d. Deceased does not have any ‘’successors’’ (or they all renounced to the succession):

i. The government takes of right the property of the succession situated in Quebec.

For more information regarding the planning of a last will or testament and the division of assets and specific bequests, please visit: https://schneiderlegal.com/planning-a-last-will-and-testament/

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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.