The holographic will, a document was entirely written by your hand, is not the most advantageous testament from the legal point of view. On the other hand, if you have the choice between having no wills or having a holographic will, choose the second option. Although some inconvenience may occur to your heirs, you are almost certain that your last wishes Wills4less Colchester be honored after you leave. Learn more about the holographic will or handmade testament.
The peculiarities of the holograph will
Among the three valid wills in Quebec, you will find the holographic will. The latter must be entirely composed and written by your hand (testator). To be eligible and valid, this document must meet two criteria. It must be handwritten and contain your signature. A testament written from a technological or other means is not recognized by law. Since you must write your will alone, it is strongly recommended to inform a trusted person of where he is. Your will should be placed in a safe place, but still accessible. It would be a shame to put it in a safe in the bank of which nobody has the code …
It is not mandatory to include the date and place of writing on your will. On the other hand, it is better to find them there, especially if you write more than one version of your will. In order for the latest version to prevail, you must mention a revocation of your earlier versions. The advantage of the holographic will is that it can be written anywhere, anytime and at no cost. Do you want to be sure that those around you find your holograph will after your death? A notary may register your will. This procedure must be performed by a notary and there must be a certain cost.
What should your will contain?
Of course, your will reflects your requests and your last wishes. Your will should be carefully written to make it easier for the liquidator to understand. Formerly called executor, the liquidator has the task of dealing with the estate testament and ensure that everything happens according to the wishes of the deceased. His role is very important and that’s why it’s so important to choose someone you trust. If the liquidator feels overwhelmed by his role, he can ask for outside help, including consulting a notary. Here are some elements that can and should be in your holograph will:
The liquidator and his successor
The powers of the liquidator
The remuneration of the liquidator, if applicable
Heirs and property left to them
Guardian of minor children
A testamentary trust
A testamentary trust is a legal mechanism created from the will itself. This is a transfer of wealth from the testator to an heir. The testator establishes conditions of use that the heir must honor. It is the trustee, who can be the liquidator, who must ensure that the conditions are respected by the heir. The trustee must have certain management, accounting and tax skills. The testamentary trust is recommended if minor, vulnerable, immature or handicapped heirs end up on your will. The testamentary trust can also be useful for a testamentary succession in a stepfamily. Your details of your funeral should not be in your will