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Only the notary who executed the will, or the assignee (if the notary is deceased or retired) may issue a certified copy of a will. You must therefore contact your notary to obtain a new authentic copy of the will. If you do not have the contact information for this notary, you may search the roll of the Order with our Find a Notary tool or call the Chambre des notaires. If you do not know the name of the notary who executed the will, you can perform a will search in the Register of Testamentary Dispositions of the Chambre des notaires du Québec either by making an appointment with a notary or by going in person to the Chambre des notaires with two proofs of identity. Please note that the Chambre des notaires does not hold any notarial deeds. The deeds received by notaries are not transmitted to the Chamber, but rather kept by the notaries in their office. Thus, notaries only declare the existence of testamentary dispositions and mandates of protection to the appropriate registers.

Note that the Chambre des notaires does not hold any notarial deeds. Deeds executed by notaries are not sent to the Chambre, instead notaries keep the deeds in their own records and only report the existence of testamentary dispositions and protection mandates to the appropriate registers. If you would like to search for a will or protection mandate, we invite you to read the relevant procedure.

Depending on the situation, deeds can also be kept by a provisional custodian, an assignee or the Superior Court.

To obtain a copy of a notarial deed, you must:

If you know the name of the notary who executed the notarial deed, use the Find a notary search tool (second tab called “Check whether a notary is registered on the Order’s listing”).

o Make sure to enter the exact spelling of the first name and last name, as registered in the Order’s roll, otherwise you will not get any results.
o The search results will indicate the contact information of the notary and/or the holder who can deliver an authentic copy of the deed, subject to providing the required proofs and professional secrecy.
o If there are multiple holders, refer to the year of the deed you are looking for to get the contact information of the current holder.

If you don’t know the name of the notary who executed the notarial deed, use the Find a notary search tool (first tab called “Find a notary in private practice”) to find a notary nearby who can help you with the process.

As neutral agreement specialists, notaries can help you make informed choices in many areas.

A power of attorney allows a person to act on your behalf. A power of attorney is for a person of sound mind, whereas a protective mandate is for a person who has lost their faculties.

To institute protective supervision, it is mandatory to convene a meeting of parents, allies and friends to decide on it, and to establish a tutorship council. In order to homologate a protection mandate, a relative may request a meeting of relatives, allies and friends, but it is not mandatory. There is also no need to set up a tutorship council.

The law does not require the mandatary to sign a mandate or power of attorney. However, by signing them, they acknowledge having read them. With their signature, they also undertake to represent the mandator according to the wishes expressed in the documents.

The protections stipulated by the Civil Code of Québec for legally married couples do not apply to de facto (common law) spouses. This is why it is important to have a written document that ensures the spouses’ legal protection. It allows them to set out their rights and obligations towards each other in advance, as well as the manner in which they would like to partition their property in the event of a separation. It also sets out each spouse’s contributions and responsibilities in their life together (“community of life”), including how expenses will be shared, for example. A de facto union agreement drawn up by a notary specializing in family law therefore provides excellent protection against the vicissitudes of life as a couple. C’est pourquoi il est important d’avoir un document écrit, qui assure la protection légale des conjoints. Elle leur permet de prévoir les droits et obligations l’un envers l’autre, et la façon dont ils souhaitent établir le partage de leurs biens en cas de rupture. Il prévoit aussi les contributions et les responsabilités de chacun durant leur vie commune, de quelle façon les dépenses seront partagées par exemple. La convention d’union de fait rédigée par un notaire, spécialiste du droit familial, vous assure donc une excellente protection contre les aléas de la vie à deux.

Review your will and protection mandate regularly. Over time, modifications may be required. Consult your notary about this.

Advance medical directives are written instructions in which you express in advance your acceptance or refusal to receive certain medical care in specific clinical situations. In the event that you are no longer able to consent to care, health care professionals would be obligated to abide by your instructions.

Formerly known as a mandate in case of incapacity, a protection mandate is a document that makes it possible to determine, in advance, how assets will be managed or protected and how decisions regarding personal protection (e.g., medical care, lodging, spiritual guidance) will be taken should incapacity be declared.

In the absence of a protection mandate (formerly called a “mandate in case of incapacity”), the family of the mentally incapable person must initiate legal proceedings to institute protective supervision. You may file this application with the court yourself or through an accredited legal professional, i.e., a notary or a lawyer. Even for proceedings before a court, it is recommended that you retain the services of a notary to represent you. If the family does not initiate legal proceedings and the situation requires protection of an incapable person, a report will be made to the Public Curator of Quebec. If no one in the family wants to take on this role, the Public Curator will. In order to declare a person incapable, medical and psychosocial assessments that establish incapacity are required. A three-member tutorship council will be formed to oversee the administration of the tutor or curator, and the Public Curator of Quebec will also perform a supervisory role. We invite you to consult a notary to help you institute protective supervision.

You may contest a protection mandate when the application to have it homologated is heard. The law provides for certain formalities when contesting an application for the homologation of a mandate. Generally, you will need to file a written document to this effect. The application to make a mandate executory will be served to the mandator and notified to the mandatary, substitute mandatary, Public Curator and one of the persons capable of giving consent for for care of the mandator, regardless of whether the application is brought before a judge or presented to a notary. This gives these individuals time and the opportunity to comment on or contest the application for homologation. If there truly is contestation, the case will be sent to a judge who will hear the parties before rendering a decision. For example, a valid and genuine contestation as to the alleged incapacity or its severity could be made by a family member or the person in question. However, a family member’s disagreement with the choice of the mandatary or the person chosen to be the legal representative does not necessarily amount to a valid and genuine contestation that would force a notary to withdraw.

From a legal standpoint, de facto (common law) spouses have no obligation towards each other regardless of the time spent living together, unless they have entered into a cohabitation contract. However, de facto spouses have obligations towards their children, namely the exercise of parental authority and support obligations. Children born of a de facto union have the same rights and obligations as children from a marriage or civil union. Whether or not they are married, the parents must:

Mandataries will be required to render account of their administration to the person appointed as auditor.

The law makes no mention of this subject. The mandate itself must thus be consulted to determine whether the rendering of accounts is provided for, and, if so, to whom it must be made. We invite you to read the protection mandate carefully. If the document is not clear, contact a notary for an opinion on the matter. For now, it is preferable to include a rendering of accounts clause in a protection mandate. With the entry into effect of the Act to amend the Civil Code, the Code of Civil Procedure and the Public Curator Act, mandataries will be required to render account of their administration to a designated person. If no person is designated in the protection mandate, one will be selected by the court. The designated person may be a relative or a professional. If there is no person who may be appointed to act, the Public Curator may be appointed to receive the accounts of the mandatary.

Whether under a power of attorney or protection mandate given in case of incapacity, a mandatary must act with prudence, diligence, loyalty, honesty and in the best interests of the mandator, within the limits of their mandate and in accordance with the powers vested in them. A mandatary appointed in a protection mandate must, in particular, protect the incapable person, ensure their moral and material well-being and administer their assets. They must also have the mandate of a person who is incapable homologated by a court so that it can become legally effective. If a mandatary can no longer act for any reason, they must take the necessary steps to name a replacement. At the end of their mandate, they must render accounts to the mandator or the liquidator of the mandator’s succession. Furthermore, it is preferable for the mandatary to make an inventory of the mandator’s assets upon beginning administration. For the rest, they must refer to the power of attorney or protection mandate to determine the mandatary’s rights and obligations. We invite you to contact a notary for more information on your rights and obligations.

Unlike a power of attorney, a protection mandate has no legal effect as long as the mandator is considered capable of making decisions. The entry into effect of the protection mandate also requires the legal procedure of homologation (ratification).

Rest assured, your protection mandate will still be valid. However, if a rendering of accounts clause is not included, the court, when it renders its homologation judgment on the mandate, will appoint an auditor to whom the mandatary will have to render accounts annually. The mandatary will also be required to make an inventory within 60 days of the judgment homologating the mandate, even if the protection mandate provides for an exemption on this subject.

It is preferable to have a notarized protection mandate in case of incapacity, as the mandator thus benefits from the notary’s advice, which will result in a document that is well adapted to their wishes and needs. No witnesses are required. The original will be kept in the notary’s records. The notary can then issue authentic copies when necessary. There is thus no risk of losing this valuable document. In addition, its existence will be recorded in the Register of Mandates of the Chambre des notaires du Québec. This will make it easier for the mandator’s family where necessary. Note also that there are two components to the homologation of a protection mandate signed in the presence of two witnesses only. Incapacity must be proven and the validity of the mandate must be also be proven before a judge can authorize a mandatary to act. There are additional steps to be taken with respect to the homologation of a notarized protection mandate, as the procedure for homologation of a notarial mandate is only intended to establish incapacity and authorize the mandatary to act.

No. If the person becomes physically incapable but is still mentally capable (not cognitively impaired) and their physical incapacity does not prevent them from communicating their wishes, the protection mandate may not be used. If the person needs help because of their physical limitations, they can give a power of attorney to someone (after Bill 18 is enacted, the assistance measure could also be provided for). Given that there is no cognitive impairment, it will be possible to oversee the mandatary’s administration and to revoke the power of attorney if it is not satisfactory. A protection mandate is made in case the capacity to make decisions regarding care or the administration of assets is lost. If the person who signed the mandate becomes legally incapable, the appointed mandatary will need to have the mandate homologated in order for it to have full legal effect. Proof of incapacity must then be established through medical and psychosocial assessments. It must be shown that the person has validly consented to the mandate. To do so, the mandatary may apply to a notary accredited to act in such matters. The notary will take all the necessary steps to have the mandate homologated. The mandate given in case of incapacity will take effect when the judgment to homologate the mandate is rendered.

Previously known as the “mandate given in anticipation of incapacity,” a protection mandate is a document that allows you to determine the management and/or protection of your property in advance in case you are ever declared incapable. It also covers decisions about personal protection, such as medical care, accommodation and spiritual guidance.

The notarized protection mandate ensures you have a customized solution that takes into account your property, family and social situation.

Legal proceedings would have to be initiated to institute protective supervision. You can make this application to the court yourself or through an accredited legal professional, i.e. a notary or a lawyer.

The area of expertise of notaries is vast, both in traditional and non-traditional areas.

A power of attorney allows you to authorize a person to act on your behalf while you still have the capacity to act on your own, but are unable or unwilling to do so (e.g.: travel, hospitalization, loss of physical autonomy, etc.). The mandate of protection is intended to be used only after the occurrence of mental incapacity and the recognition of this incapacity by the court. Signing a power of attorney and a mandate of protection can therefore meet two different needs. They can be signed in separate documents at different times. They can also be signed in a single document. It is up to your notary to evaluate with you the most appropriate way to do this to meet your needs.

If the procedure is carried out by an accredited notary and is not contested, it will take about six months. The legal professional responsible for carrying out the procedure must abide by certain time limits for service and notification. At the end of the process, the file is submitted to the court office for judgment.

Notaries are required to keep the original patrimonial inventory in a safe place and to enter it in a register at the Chambre des notaires du Québec, which makes it much easier for the liquidator or mandatary to find the document. The notary will keep your patrimonial inventory safe, which is wise given the risks of fraud and identity theft.

Under the law, parents have different options for appointing a tutor for their children. They can do so in a will or a protection mandate or by sending a letter to the Public Curator of Quebec. However, there are significant advantages to making a will. For example, you might decide that your children will not receive their inheritance until they are 25 years old instead of when they reach full age at 18. You could also leave a sum for tutors to compensate them for being responsible for your children’s care or to make it possible for them to move to a larger home so that your children have the space they need to thrive. Note also that the rules of tutorship do not allow them to take possession of a portion of the children’s property.

A decision regarding organ and tissue donation (acceptance or refusal) may be recorded in a notarial act, usually in a will or a protection mandate. The notary may also proceed by act of deposit. But regardless of the act chosen, it is its authentic (or notarized) character that is of interest as it assures relatives that the decision was made freely.

A power of attorney is a document that gives a trusted person authority to take care of your affairs and administer your property for a specified period of time. Unlike a protection mandate, a power of attorney takes effect immediately and is not subject to the occurrence of incapacity. It makes it possible to designate a person, the mandatary, to act on your behalf. A power of attorney can be specific or general. It may be given for a particular matter (special or specific power of attorney) or for the entirety of the mandator’s assets (general power of attorney). Unlike a protection mandate, a general or specific power of attorney does not need to be homologated. We invite you to contact a notary for more information.

You are not bound to any notary. If you have dealt with a notary for your will, for example, you do not have to go back to them for your protection mandate, a new will or the purchase of a property. The liquidator of a succession is also not obliged to deal with the notary who executed the will to settle the succession. They have a choice. If you do not know a notary, consult your family and friends or use our Find a Notary tool to obtain the names of notaries according to different search criteria and in your area.

Partial or total mental unfitness is formally established by a physician’s medical assessment and a social worker’s psychosocial assessment. As part of the assessment process, the physician and social worker will meet with the incapable person and conduct some tests. Once these assessments are obtained, an application for homologation may be submitted to a judge or clerk of the judicial district where the mandator is domiciled or has their residence. The clerk or judge will receive the assessments and render a judgment. The application may also be given to a notary, who will file the application with the court to have the person declared incapable and confirm that the designated mandatary should take up their functions. The notary or court clerk will also meet with the incapable person. It is only when the mandatary has obtained the judgment that they may begin administering the property and taking care of the incapable person. An application for homologation must be filed by the mandatary. We invite you to consult a notary to assist you with these steps. There are notaries who specialize in this area of law, which you may find by using our Find a Notary tool.

In principle, when a person is recognized as incapable and does not have a protection mandate, protective supervision will be instituted and a person or persons will be appointed as administrator(s) of the person’s property. (Under current law, this is a tutorship or curatorship of a person of full age. After Bill 18 comes into force, a tutor will be appointed to the property and the person recognized as incapable may retain certain rights to administer property). Thus, all property is received in the name of the incapable person, but is administered by the tutor or curator (after Bill 18 comes into force, the tutor). If protective supervision has not been instituted, the incapable person’s family should contact a notary to begin the process.

Drawing up a will or a protection mandate is a juridical act that only notaries and lawyers are authorized to do for others. If a person offers you their services to draw up your will or power of attorney and they are not a notary or lawyer, they are exceeding their rights. The Chambre des notaires must be informed of the existence of such a practice. Do not hesitate to contact us.

It is possible to cancel a power of attorney at any time. A revocation must be signed, and preferably notarized.