Register of Testamentary Dispositions and Register of Protection Mandates
You’re searching for a will? Here’s the procedure.
You’re searching for a protection mandate? Here’s the procedure.
The Register of Testamentary Dispositions of the Chambre des notaires du Québec was created in 1961 to make it possible to locate a person’s last will and testament upon their death. In 1991, the Chambre des notaires also established the Register of Protection Mandates (formerly known as mandates in case of incapacity). Notaries are required to register any will or protection mandate they receive. This centralized system has many advantages:
- It keeps the contents of the will or mandate confidential, since only its existence is reported in the system.
- It makes it possible to locate your last will after your death or your last protection mandate in the event of incapacity.
- It eliminates the risk of your will or mandate not being located or being located late in the liquidation of your succession or after the occurrence of your incapacity.
The Chambre des notaires does not receive or hold any wills or mandates. Wills and mandates are not forwarded to the Chambre des notaires. Notaries keep them in their vaults. Notaries only declare the receipt of these to the registers.
Your notary can also register your non-notarized will or protection mandate
Holograph wills, wills before witnesses and protection mandates in case of incapacity may be declared to the registers in the same way as notarized wills and protection mandates. However, it is necessary that the entry in the registers be made through a notary. Your will or mandate will be recorded in the notary’s minutes as an act of deposit and kept in the vault in the notary’s office.