May 26, 2020

Chronique de la Chambre des notaires : Will, mandate or transaction during a pandemic: what to do?

Chronicle of the Chambre des notaires

Option consommateurs

These are uncertain and worrying times. As an essential service, your notary is there to advise you and help you make informed decisions.

Can I make my will during a pandemic?

Yes, a notarial will is the best way to ensure that your wishes are known and respected. In the absence of a will, the law determines who your heirs are and what share they are entitled to. And did you know that :

Two unmarried people are like two strangers before the law. The only way to pass something on to a common-law spouse is through a will.
You can't save money by not having a will. Winding up an estate without a will involves a number of costly and time-consuming steps, including the selection of heirs in accordance with the rules of the Civil Code, the declaration of heredity and the appointment of a liquidator. During this time, bank accounts will be blocked.

In the event of a social restriction, contact your notary to find out the best way to proceed, depending on the circumstances.

Who's going to take care of me if something happens to me during a pandemic?

Many people believe that they will automatically be protected in the event of incapacity. But this is not the case.

For someone to be able to act on your behalf due to physical incapacity, for example, you need to have appointed them as your proxy in a power of attorney. The document is valid for as long as you are lucid and need to be represented for various reasons.

The mandate of protection stipulates how your property is to be managed if you lose your mental faculties. It also specifies the medical care you agree to receive, the health care facility where you wish to be housed, and the donation of your organs in the event of your death.

A notary can help you determine which solution is best for you.

We need to sell our house and buy our new condo. Since there are a lot of people to meet at my notary's office, can we do the transactions remotely?

Yes, from April 1, 2020, notaries will be able to sign notarial deeds remotely.

Deployed in emergency situations, this new tool enables citizens to see to their legal protection even in health crisis situations. As each case is unique, the notary will assess his client's situation and offer this solution or not. Whether the notary receives clients in his office or offers to sign the notarial deed remotely, compliance with government directives is of paramount importance to the notary.

To proceed, citizens will be guided by the notary and will need :