This blog post was written by: Mina Mattia, Estate and Trust Consultant, Scotiatrust Montreal

Estate planning in Quebec is often misunderstood, overlooked or postponed. Quebec’s civil law system also differs from the rest of Canada, which means that rules about wills and succession can surprise people. Here are some common mistakes individuals make when planning their estate plan in Quebec and how to avoid them.

Not preparing a Will at all

One of the most frequent mistakes is simply not having a will. Without a will, the Estate is distributed according to the rules in the Quebec Civil Code and not according to their personal wishes. In this case, the law will decide who inherits and there could be potential exclusion of loved ones. To prevent this, it is important to prepare your will to ensure your wishes are respected and your Estate is distributed according to your intentions.

Type of Will

In Quebec, the Civil Code recognizes three main types of Wills: notarial Will, holograph Will and Will in the presence of witnesses. All three Wills present their own formalities. Unlike some jurisdictions, Quebec has unique rules around probate. Holograph Wills and Wills made in the presence of witnesses require to be verified by the court.  People assume their holograph Will or Will before witnesses is good enough, however this will create challenges to the Estate such as legal fees and delays to the Estate. The preferred option is the notarial which will bypass probate completely, take effect immediately, reduce legal fees and minimize delays to the Estate.

Forgetting to update the Will after life changes

The Will should evolve as our lives evolve. Major changes that should trigger a review of our Will or an update include the following: marriage or divorce, birth of a child, starting a business, significant financial changes and the death of a beneficiary or liquidator. If a Will isn’t updated regularly, it can become outdated and/or no longer reflect your true intentions. When a Will is not revised, your assets may not go to the people you intend because your old wishes no longer match your current situation, unmentioned new assets may not be properly addressed, beneficiaries you no longer wish to include may still inherit and minor children and new partners or stepchildren may be left unprotected if they aren’t added to the Will.

For these reasons, it is important to review and update your will regularly as life circumstances change. By doing so, you ensure it reflects your current wishes and protects your loved ones.

Choice of the Liquidator

The liquidator plays a crucial role in administering the Estate. While it’s understandable that someone wants to honor a relative or a child by naming them as liquidator, this isn’t always the best fit. Not everyone is equipped to handle it effectively, even if the intention behind the choice is meaningful. A qualified liquidator should have several key qualities to ensure the Estate is handled efficiently and fairly. It is important to nominate someone who demonstrates integrity, honesty, organizational skills and a sense of urgency.

It is also highly recommended to name an alternative should the liquidator named be incapable of acting.  For individuals who don’t have an appropriate candidate in their circle, it may be wise to consider appointing a corporate liquidator or qualified professional , who will be able to provide expertise and neutrality in administering the Estate.

Good estate planning is for anyone who wants clarity, efficiency and peace of mind for their family. Avoiding these common mistakes helps ensure your loved ones are protected and your wishes are carried out smoothly.