When a person dies, will search is one of the first things to do. It is important to find out whether or not the deceased had a will registered in the Quebec register.
This is why will search has to be requested from the Chambre des notaires and also from the Barreau du Québec to find out if the deceased had made a will with a notary or a lawyer. The results of the testamentary research will make it possible to identify and locate the deceased’s last will. The will searches indicate also the geographical location of the last will, as well as the date on which the will was signed.
In Quebec, will search is often done by the liquidator of the deceased’s estate. However it can be requested by any interested person. It usually takes about 15 days to obtain the result. Once the testamentary research has been done, a copy of the will can be obtained, subject to applicable laws.
It is important to remember that testamentary research will not show any result if the deceased has signed a holograph will or when the will is signed in the presence of witnesses (other than a will before a lawyer).
It is also important to know that testamentary research can be done in the case of contestation of a will. Indeed, in the event that the last will is cancelled by the Court order, it is essential to know the content of the previous will. A court order should be ordered in order to obtain a copy of the previous will. Our lawyers frequently make representations in order to obtain a copy of a previous will in front of the Superior Court.
A lawyer experienced in Succession law can help you in the estate liquidation procedures, particularly by making requests for testamentary research on your behalf.
This blog post contains only general information, please don’t take it for a legal advice. For all legal questions regarding your particular situation do not hesitate to consult your lawyer.