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Answers to our Most Frequently Asked Questions

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Planning Your Estate

What is the difference between a will and a living will?

Drawing Up Your Will

Writing a will is the first thing that any person who has a responsibility toward others should do. Writing a will is no problem at all compared to the time lost and the financial problems your business will face if you neglect this responsibility.

A will is too important a document to be drawn up without seeking the advice of a lawyer of notary, who will be able to tell you what type of will best suits your needs.

In Quebec, there are three types of wills:

  •  the holograph will, handwritten and signed by the testator;
  •  the will made in the presence of two witnesses;
  •  the notarized will, drawn up by a notary in accordance with the testator's last wishes.
     

In Ontario, there are two types of wills:

  •  the holograph will, handwritten and signed by the testator;
  •  the legal will, or properly drafted will, drawn up and signed by the testator in the presence of witnesses.
     

The Living Will

The living will is a document that establishes the guidelines to be followed when you are in the terminal phase of an illness.

As long you are lucid, you may refuse any medical treatment. When you are no longer able to manifest your wishes, the decision to continue or discontinue a treatment is made by the attending physician, after consultation with the family and nursing staff. For this reason, some people draw up a living will to give instructions to their loved ones on how they wish to die.

The living will reassures the family and acts as a guide to those who will be called upon to make a final decision. It is practical means of making your wishes known to ensure a gentle and natural death.

This information is presented for information purposes only and should not be considered to be legal or financial advice. For further information, contact a legal or financial advisor.

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What is probate?

Probating a will means having the will validated by a court, which authorizes the liquidator of the estate to carry out the last wishes of the testator.

Not all wills have to be probated, but when this formality is required, a legal advisor generally takes care of it.

This information is presented for information purposes only and should not be considered to be legal or financial advice. For further information, contact a legal or financial advisor.

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What goes into planning an estate?

This section provides practical information on filing personal documents, your will, your property inventory, etc. By planning your estate, you will ensure that your loved ones are spared numerous problems and a lot of time.

Your Documents


Keeping Your Records Up To Date

Where to Keep Your Documents

Sorting Through Your Documents



Your Property


Taking an Inventory of Your Property

Distribution of Property Upon Death



Your Will and Other Arrangements


Drawing Up Your Will

Choosing the Liquidator of Your Estate

Probating a Will

Income Taxes at Death

Anticipating an Inability

Pre-Planned Funeral Arrangements



At Death


Who to Contact in the Event of Death

Formalities in the Event of Death

Organ Donations

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