A person’s estate is comprised of everything the person has acquired during their lifetime, including property and money, as well as their debts. It is advisable to prepare a will during your lifetime, which is a legal document that will provide directions to your estate executor for the distribution of your assets among your heirs in accordance with your wishes. Over time your personal situation may change, and it is also advisable to review your will periodically to make sure that it still accurately reflects your desires.
There are several types of wills in Quebec. A holographic will is a document that is hand written and signed by the testator, without witnesses. A will can also be drafted by a third party, possibly a lawyer, and signed in the presence of witnesses. After the testator dies, both of these types of will must be subjected to probate, the legal process of proving to the court that the will is valid. In Quebec, the most commonly used type of will is a notarial will. Notarial wills, like all other notarial documents, are subject to strict legal formalities, and they do not have to be probated to establish their validity.
If a person dies intestate, without having made a will, their estate will be distributed in accordance with the rules for legal devolution of successions provided in the Civil Code of Quebec.
There are numerous problems that could arise in the distribution of an estate. If there is a will, members of the deceased’s family may not agree on the interpretation of the will, or they may believe that the testator was unduly influenced, or not of sound mind, at the time that the will was made. Emotional issues, such as anger, jealousy and sibling rivalry, may have as much of an impact as the legal questions in the settlement of the estate.
Resort to litigation in the context of an estate, as for other family issues, only increases the level of animosity between the family members, at a time when they could most benefit from each other’s support and affection. Estate mediation can help the parties address their issues and find common ground for the distribution of their loved one’s belongings, while keeping the lines of communication open between them. Mediation is private, whereas litigation becomes a matter of public record. Most importantly, in estate mediation the parties have the liberty and the time to explore creative solutions to their issues, leading to a win-win outcome, that satisfies all parties.
The collaborative process is also available to settle estate issues. Both the collaborative model and estate mediation are cost-effective alternatives to going to court to resolve disputes.
I invite you to call me to discuss how I can help you settle your estate issues, whether as your estate mediator, or collaborative attorney.
514-288-9322
