Ontario Lawyers Helping Clients with Assets in Quebec - Searching for Quebec Wills
As Ontario estates lawyers, we are next to Quebec and sometimes need to assist clients with assets in Quebec. We always have the option of referring our clients to a lawyer in Quebec. Another alternative, is to familiarize ourselves with some of the things that are helpful in order to assist our clients ourselves. Recently, the Quebec Bar Association and Chamber for Notaries, made the search services available online that previously could only be done in paper form. Below are links to allow searches to be conducted on-line for Quebec Wills and steps to follow if you do want to assist a client with administering an asset in Quebec.
Searching for Quebec Wills
If a client made a Will in Quebec, whether it was a notarial Will or a non-notarial Will, you will need to complete searches in 3 places to confirm the Will you have is the Last Will and Testament of the Deceased if you have one. If you do not have a Will, you will need to do these searches to find a Will, in addition to searching amongst the personal belongings of the deceased and reaching out the lawyer or notary if there was one that was used by the deceased. You will need to provide information about the deceased including a proof of death. The information you will need to provide if completing the form for the Chambre des Notaires consists of:
1 - Surname at birth*
2 - Usual given name*
3 - Social insurance number (SIN)*
4 - Date of birth * (DD) (MM) (YYYY)
5 - Occupation before retirement (Do not write "retired")
6 - Date of death* (DD) (MM) (YYYY)
7 - Marital status (one choice only) married / common law spouse divorced / separated widowed or single
8 - Surname and given name at birth of last spouse Union date (DD) (MM) (YYYY)
9 - Surname and given name at birth of previous spouse Union date (DD) (MM) (YYYY)
10 - Last residing address*
11 - Previous addresses since 1961, indicate the years (use a separate sheet if necessary)
12 - Last known notarial Will - Last known Will (DD (MM) (YYYY), Name of notary
13 - Additional information, if necessary - Type
For the Chambres des Notaires, you are a member of the public if you re not a member of the Chambres des Notaires. For the Barreau du Québec, you should review the information on the form for details for what information the Barreau du Québec requires with the Will Search request. For the Barreau du Québec, you are a member of the public if you are not a member of the Barreau du Québec.
If you are a public member, include the original document and a photocopy of the Copy of an Act of Death or Death Certificate issued by the Directeur de l'état civil. Attestation or proof of death issued by funeral homes is not accepted by the Chambres des Notaires or by the Barreau du Québec. That means that you need to request a government issued proof of death to complete the Will search request. To request a government issued proof of death go to:
Links to helpful information:
For information from the Quebec Government on where to search for a Quebec Will including Notarial Wills and non-notarial Wills see:
https://www.quebec.ca/en/justice-et-etat-civil/testament-succession/succession/to-do/will-search
For information from the Chambres des Notaires on conducting a search for a Quebec Notarial Will see:
For information from the Barreau du Québec on Will Searches see:
https://www.barreau.qc.ca/en/wills-mandates/search/
https://www.canada.ca/en/services/life-events/death/documents.html
This is a government of Canada website that will take you to the provincial and territorial government websites in Canada that you can go to or have your client access to request an official government proof of death. There is also information available about requesting proof of death outside of Canada.
You might have the Quebec Notarial Will, but, not have an Affidavit of Execution. If so, you can each out to Quebec Notary to get an Affidavit of Execution signed by the notary that you can expect you will need to prepare yourself.
About the Author
Kathleen Robichaud is a sole practitioner practicing in Manotick Ontario in the areas of Wills & Estates; Business/Corporate Law and Real Estate. She is a past member of the Board of Directors of the Ontario Bar Association; a Regional Representative on the Trusts and Estates Section of the Ontario Bar Association and a generally active volunteer with the Ontario Bar Association and of the County of Carleton Law Association
Any article or other information or content expressed or made available in this Section is that of the respective author(s) and not of the OBA.