To settle a succession, you must first find out if the deceased left a will and if if the will you have found is the most recent one. You must submit a request for a will search in the registers of wills of the Barreau du Québec. You will need the original copy of the act of death or death certificate. It will enables you to obtain a search certificate required.
You must also submit a request for a will search with the Chambres des notaires.
When a person dies, a will search must be requested from both the Barreau du Québec and the Chambre des notaires du Québec, which will search their respective registers accordingly.
Only after both searches have been done can the most recent will be identified and the succession ultimately settled.
Registers of Wills and Mandates of the Barreau du Québec
Lawyers are required to enter into the registers all the wills and codicils they prepare. They can also register holograph wills and wills made before witnesses, if so requested by the testator (however, non-notarial wills must be probated by a court or notary after the testator’s death).
By consulting its registers, the Barreau du Québec can check for the existence of such wills, determine the most recent version, and provide the loved ones of the deceased with the name and contact information of the lawyer who has the document.
Wills of Living Persons
The registers of wills and mandates of the Barreau du Québec cannot be searched for the wills of living persons, even if they are incapacitated or terminally ill. Only the testator, or a person so mandated by the testator, has the right to obtain a copy of his or her will.
