FAQ
25 resultsA will allows you to express your wishes regarding the distribution of your property after your death. You can designate the person or persons to whom the property will be bequeathed and the share that each will receive. If you do not have a will, the law will decide on your heirs and their shares.
Although there is no obligation to perform a will search, doing so is almost unavoidable. First, the deceased may have a will that is several years old or a more recent one that they preferred to keep secret. Second, financial institutions and government agencies require proof of a will search and a copy of the deceased’s last will before proceeding with the transfer of assets. A search in the Register of Testamentary Dispositions is the best way for the liquidator of a succession to fulfill their obligation to search for the deceased’s will. We invite you to contact a notary for more information on your rights and obligations.
To find out if you are an heir or not, we invite you to read the deceased’s will to see how legacies are provided for. If you have difficulty understanding the will, we invite you to contact a notary for advice. To find out whether a will exists, you must perform a will search in the Register of Testamentary Dispositions of the Chambre des notaires du Québec. You will obtain a search certificate and, if applicable, the contact information of the notary holding the document you are looking for. To conduct your search, you need the deceased’s death certificate issued by the Registrar of Civil Status. It is possible for you to order it directly from the Registrar of Civil Status without the need to contact the new spouse of your mother or father. Note that you must make two will search requests: one with the Chambre des notaires du Québec and the other with the Barreau du Québec.
The Chambre des notaires du Québec invites the public be cautious and consult a notary before performing any act that could be considered an act of acceptance of the succession. This is particularly important if you are not yet sure whether or not you will accept the deceased’s succession. A notary will protect you by explaining what you may and may not do. Additionally, until the will search is complete, you may not have the deceased’s last will. If you are not a liquidator or heir under the last will, you could be disposing of property that belongs to others.
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.
The notarized protection mandate ensures you have a customized solution that takes into account your property, family and social situation.
Any person interested in the succession who produces a copy of the death certificate issued by the Registrar of Civil Status may a request a will search with the Register of Testamentary Dispositions of Québec. However, the Civil Code expressly provides that the liquidator is responsible for establishing whether or not the deceased had made a will. You may also ask a notary to perform the necessary research. Finally, note that to respect the confidentiality of the process, the Register only shares the results of the search with the person who requested it.
In Quebec, there are two registers of testamentary dispositions: that of the Chambre des notaires du Québec and that of the Barreau du Québec. Provided that an application is filed with all required documents, the time limits for obtaining search certificates are calculated in the same way for both registers: • If the death occurred less than two weeks ago, your search certificates will be mailed within three weeks of receiving your application. • If the death occurred more than two weeks ago, your search certificates will be mailed within two weeks of receiving your application.
To find an acquittance, you may ask your notary to perform a search in the index of immovables in the land register. You may also perform this search yourself by identifying yourself as an occasional user on the Land Register of Québec website or going to the land registry office in person. You will see the registration of the mortgage to be cancelled in the index of immovables, but not the acquittance. You will, however, find its registration number on the same line as the mortgage itself. If this number is underlined, clicking on it will take you directly to the acquittance, which you can then read and print if necessary. If it is not underlined, you will have to look it up by consulting acts and indicating the registration number. You will find the lot numbers required for such a search on your purchase or mortgage contract. They can also be obtained from the property assessment office of the municipality where the property is located. If the acquittance has not been published in the Land Register, only the notary who was mandated to prepare it is able to fulfill your request.
No. Only the testator or a notary mandated for this purpose who has the testator’s authorization may obtain a copy of a person’s will while they are still alive. A testator can obtain a copy of their will by contacting their notary directly. If the testator does not have their notary’s contact information, they may contact the Chambre des notaires. If the testator does not know the name of the notary who executed their last will, they will have to request a will search in the Register of Testamentary Dispositions of the Chambre des notaires. If the testator lives in the Montréal area, they may apply in person by providing two pieces of photo identification and paying a fee of $23.00 (taxes included). If the testator is unable to travel or if they live in a remote area, they may contact the notary of their choice who will send a request for a search in the Register on presentation of two pieces of identification. The testator will obtain a search certificate bearing the name of the notary and the date of the last will from the Registrar. Note that a search request for a living person cannot be made by mail. Le testateur peut obtenir une copie de son testament en communiquant directement avec son notaire. Si le testateur ne connaît pas les coordonnées de son notaire, il peut communiquer avec la Chambre des notaires. Si le testateur ignore le nom du notaire qui a reçu son dernier testament, il devra présenter une demande de recherche auprès du Registre des testaments de la Chambre des notaires. Si le testateur habite dans la région de Montréal, il peut présenter sa demande en personne en fournissant deux pièces d'identité comportant une photo et en payant les frais de 23 $ (taxes incluses). Si le testateur ne peut pas se déplacer ou s’il habite en région éloignée, il peut s'adresser au notaire de son choix qui, sur présentation des deux pièces d'identité, pourra transmettre une demande de recherche au Registre. Le testateur obtiendra du Registre un certificat de recherche portant le nom du notaire et la date du dernier testament. Notez qu'une demande de recherche pour une personne vivante ne peut pas être présentée par la poste.
In order to benefit from the protections of the law, the settlement of a succession requires that each of the steps be carried out in accordance with the law, from the day of death until the final delivery of the property to the heirs. Standard procedures include, but are not limited to, the following: - Obtaining proof of death - Performing a will search - Having the will probated - Opening an account at a financial institution - Analyzing testamentary dispositions - Appointing a liquidator if there is no will - Making the inventory - Exercising the heirs’ option - Claiming life insurance, pension and annuity benefits - Completing tax formalities - Liquidating the family patrimony and matrimonial rights - Publishing notices - Managing the succession’s assets - Paying debts and specific legacies - Rendering of accounts - Partitioning the succession’s assets - Delivering the property Where the succession is solvent, the heirs may unanimously decide to liquidate the succession without following the prescribed rules. However, if they do so, they will be required to pay the debts of the succession in excess of the value of the property they will take. We recommend that you be cautious and consult a notary in this regard.
Acts and contracts relating to immovable property (sales, mortgages, acquittances) are published and accessible at the land registry office. The land register is a public register accessible to all. It may be consulted online at https://mern.gouv.qc.ca/english/land/register/register-system.jsp and in Services Québec offices. However, consulting the register is not free. As an occasional user, you will need to provide information about yourself and pay by credit card. The land register works with a property’s cadastral identification, not its address. It can be obtained by consulting the assessment roll of the municipality where the property is located. The first consultation is done in the index of immovables. On this page, transactions (sales, mortgages, etc.) will be identified under a registration number. To consult the one you are looking for, you will have to consult the acts by identifying the document you want by its registration number. You will be able to read and print it. However, if you need an authentic copy, you will have to contact the notary who executed the act. A notary can help you with this research, as can Services Québec employees.
The law considers certain actions to be equivalent to an acceptance of a succession, that is, of both its liabilities and assets. Before acting, it is recommended that you consult a notary, especially if you suspect that the succession is in deficit. Your notary can determine what you may and may not do before performing a will search. On the other hand, even if there is no doubt that the succession is solvent and the problem of presumed acceptance linked to certain actions does not concern you, there is still the possibility that you are neither the liquidator of the succession nor the heir of the property in question. It is thus preferable to ascertain this before taking any action. We invite you to contact a notary for more information on your rights and obligations.
Wills are confidential documents. Upon the death of the testator, only the persons affected by the succession may consult it. An heir may ask the liquidator for a copy of the provisions of the will that concern them. If a person is named as a legatee by particular title of material property identified in the will, they have the right to obtain information concerning their legacy. If they are designated the legatee of a share of the entirety of deceased’s property, they may request a full copy of the will, not just a part of it. Note, however, that since the entry into force of the new Code of Civil Procedure, notaries are required to inform the heirs and the persons who would have inherited in the absence of a will of the existence of a deceased’s will. If a notary refuses to do so, an application may be filed with the court. We invite you to search the Register of Testamentary Dispositions of the Chambre des notaires du Québec and the Barreau du Québec to find the name of the notary who executed the last will.
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.
For transactions involving a sum of money, the notary will let you know that they must carry out certain verifications before transferring the amount to you.
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.
To obtain a copy of a marriage contract, you must contact the notary who executed it. If you do not have the contact information for this notary, you may search the roll of the Order with our Find a Notary search engine or call the Chambre des notaires. If you do not know the name of the notary who executed it and you have had notarial acts executed since your marriage, for example to buy property, or for a mortgage or a sale, these may contain information about your marriage contract. Moreover, if your marriage took place after 1994, you may consult the Register of Personal and Movable Real Rights (RPMRR). If your marriage took place before 1994, the RPMRR is less reliable, but you should still be able to find the information. Otherwise, it will be difficult for you to find.
A patrimonial inventory is an inventory of your assets and liabilities, including bank accounts, investments, insurance policies, residential property, and all other elements of your estate and debts. This inventory also identifies the location of your property, digital assets and investments, including the name and address of the institutions where your bank accounts are located and other important documents and details.
Liquidating (settling) a succession involves several steps that must be carried out in accordance with the law. They begin on the day of death and continue until the final handing over of the property to the heirs.
Is it not possible to obtain a copy of previous wills revoked by the testator. First, a search of the Register of Testamentary Dispositions will only show the last will registered there. Second, subject to a court decision, only the testator may obtain a copy of the previous wills that they have revoked. Such wills are protected by professional secrecy. Therefore, a notary may not produce a copy.
Unfortunately, the Chambre des notaires is unable to trace notarial wills executed before that date. If the will is that of a person who died before 1994 and that person owned immovable property, a copy of the will may be obtained by consulting the land register. Indeed, before 1994, wills were published in the land register at the same time as the declaration of transmission of the immovable. Otherwise, you may search by identifying the notaries who practised in the municipality where the deceased resided and calling each of them.
The area of expertise of notaries is vast, both in traditional and non-traditional areas.
If you need a notary but do not know one, ask for references from people you know or use the online Find a notary tool, where you will find the names of notaries based on your search criteria and their proximity to your home.
Before making a decision in this regard, it is important to first become aware of the legal issues associated with settling a succession. Even though the settlement of a succession has been a sensitive and complex process since the Civil Code of Québec came into force, this is now more than ever a reality. The law provides rules for the transmission of the property of a deceased person to their heirs and imposes precise steps for liquidating the succession. In addition, accepting a succession without an inventory entails a significant risk for the heir, namely that of being required to pay the deceased’s debts out of pocket. Getting a notary’s input as a legal advisor or mandating them to manage the settlement of the succession ensures peace of mind in terms of the procedure to be followed and the resolution of legal issues. They can advise the liquidator in all matters, such as the search for and probate of the last will; the preparation of the inventory; the acceptance or renunciation by the heirs; the claiming of annuities and benefits; the liquidation of the family patrimony; the filing of tax returns; and the transmission and partition of property.
Web Pages
14 resultsUpon a death, the existence of a will of the deceased must be verified in the Register of Testamentary Dispositions of the Chambre des notaires du Québec.
Search the Registers / The Chambre’s Services / The Chambre and Your Protection / Search for a will
The public may have access to documents and information held by the Chambre des notaires for the purpose of supervising the practice of the profession.
The Chambre and Your Protection / Protection of personal information and access to information
Comment faire une recherche au registre des mandats de protection de la Chambre des notaires en cas d’inaptitude.
Search the Registers / The Chambre’s Services / The Chambre and Your Protection / Search for a protection mandate
The registers of testamentary dispositions and mandates of the Chambre des notaires allow the public to trace the last will or protection mandate.
The Chambre’s Services / The Chambre and Your Protection / Search the Registers
The Chambre des notaires du Québec, through its Notarial Studies Fund (NSF), provides financial support to communities, organizations and society stakeholders for initiatives aligned with its mission: Protection of the Public.
Grants / The Chambre and Your Protection / Applications for financial assistance (NSF)
Are you looking to pursue master’s or doctoral studies in a field associated with the notarial profession, or are you a notary interested in an academic career?
Grants / The Chambre and Your Protection / Graduate Scholarship Program
Take an inventory of your property and documents in the event of death or incapacity. Heritage: your 360 guide, a tool offered free of charge by the Chambre des notaires.
The Chambre’s Services / The Chambre and Your Protection / Patrimony : your 360 guide (asset inventory guide)
Consult the brochures of the Chambre des notaires and contact your notary for your protection and that of your loved ones.
The Chambre’s Publications / The Chambre and Your Protection / Brochures
Certification – validation of documents – checks related to a professional
Verify that the person you are consulting has a permit to practise as a notary, using the Find a Notary tool.
Protection of the Public / The Chambre and Your Protection / Check if a person is registered as a notary
The Chambre des notaires has created a pilot project to provide these organizations with an opportunity to innovate in activities to advance the law and the notarial profession.
Grants / The Chambre and Your Protection / Financing program for the profession’s representative bodies
Notaries are authorized to give advice in all areas of law within their scope of expertise.
Role of the Notary / Your Notary / Diversified fields of expertise
The Chambre and Your Protection
In accordance with its mission to protect the public, the Chambre des notaires ensures that notaries provide quality services to the public and that they maintain their skills throughout their careers, in four ways:
Protection of the Public / The Chambre and Your Protection / Professional Support