Different from the holograph will and a will made in presence of witnesses, a notarial will offers you greatest benefits. A notarial will takes effect immediately on death of the testator, while the other two types of wills recognized by law can not. Holograph wills (entirely handwritten and signed by the testator) and wills made before witnesses must be probated before a notary or a court. This preliminary step delays the settlement of the succession and generates high legal fees associated with preparing a notarized will. Thus, writing a will by yourself will not necessarily save your time and money.
Your notary is an expert in succession law who has all the necessary expertise to draw up your will. She will draft your will in clear language, preventing any ambiguity that could lead to conflicts. Your notary's extensive legal knowledge ensures that your wishes will be legally conveyed in compliance with all the requirements of the law. Your notary is also the recognized specialist of succession planning. When you retain the services of your notary, you can be certain that the tax implications of your choices have been analyzed and that your will is perfectly suited to your financial situation.
As public officer, your notary is the person designated by the Minister of Justice of Quebec for solemnizing your civil marriage in Quebec. By having Mtre Zhao to solemnize your civil marriage, you can receive the legal consultation and advice about the family patrimony and different matrimonial regimes existing in Quebec. Mtre Zhao can explain to you the legal effects of getting married and different choices of matrimonial regime you have, including legal regime of partnership of acquests, separation as to property, community of property etc.
The services of your notary can be more flexible both in terms of delays and of place for celebrating your civil marriage than the Court houses. Mtre Zhao can come to solemnize your marriage at your home, at a restaurant, a hotel or in her office.
Notarial Marriage Contract
Have you thought about consulting your notary for preparing and drafting your marriage contract? The marriage contract is a legal document that allows you to determine how your property will be managed during your married life as a couple, as long as your choices comply with the requirements of the law. Thus, in the event of divorce or death, you will have already established how your properties will be shared and who will be liable for the accumulated debts. Without a notarized marriage contract, the law sets the rules for you.
To be legally valid, this official document must be notarized. It will therefore be necessary that the future spouses meet your notary and sign the marriage contract in her presence. In addition, your notary can explain the economic and legal consequences of the marriage and advise you according to your situation. So before getting married, talk to your notary!
The donation is a contract by which the donor transfers the right of ownership of property to a donee. The donation may be subject to certain conditions or charges. Thanks to her legal expertise, your notary is able to advise you on the legal aspects of your donation.
Depending on the nature of the donation, it may be mandatory that the donation contract be notarized, which will allow you to be assured of the validity of the donation.
The protection mandate serves to allow the mandator, the person who signs the mandate, to designate, immediately and with full knowledge of the facts, the person who will ensure his well-being and who will administer his property or assets in case of incapacity. This designated person is known as the "mandatory". It is a great relief to know that a trustworthy person, such as your spouse, own child, brother, sister or close friend, will be legally empowered to make important decisions for you.
Power of Attorney
A power of attorney allows you to appoint a person or mandatary to act on your behalf in certain circumstances. For example, when you leave on a trip, you have to spend time in the hospital or you have plans to be away for an extended period of time, the power of attorney may stipulate a series of powers you want to entrust to your mandatary. The mandatary may pay your rent or mortgage, carry out banking transactions, renew your insurance policies, administrate your business affairs etc.
It is always important to provide and define the mandatary’s powers clearly. In this way, you can authorize your mandatary to act in only specific situations, if you so wish. For example, a mandate may cover only the sale of your property in accordance with conditions you have specified. Your mandatary would then be required to take only the action required for this purpose.
Your notary is fully qualified to advise you on the contents of a power of attorney and draw up the document according to your specific needs.
Incorporation, Minute Book, Shareholders Agreement, Sale Of Shares
There are different legal forms of businesses existing in Quebec: the sole proprietorship, the different types of partnerships, the business corporations governed by the federal law or provincial Law, franchising or other types of enterprises.
Your notary will obtain and draft all the documents necessary for setting up your business, such as a partnership agreement, shareholders agreement or other relevant document. Besides, your notary will inform you of the legal and tax consequences of your choice.
Certification and affidavit
Your notary has the power to certify the documents intended for abroad, for example a power of attorney, a birth certificate, a marriage certificate, a death certificate or a non-criminal certificate etc. The document in question must be firstly certified by your notary and then be authenticated by the Chambre des notaires du Québec, which certifies the quality of the notary. Subsequently, the document must be brought to the Consulate of the country where it is intended for authentication of the signature of the Secretary of the Chambre des notaires du Québec.
SUCCESSION LAW SERVICES
Declaration of transmission
Will research and probate
Appointment of liquidator
Renunciation of a succession
Renunciation of the role of liquidator
PERSONAL LAW SERVICES
Homologation of Protection mandate
Constitution of tutorship or curatorship
REAL ESTATE SERVICES
Real estate transaction
Mortgage and refinancing
Discharge and Release
Legal advice on Quebec civil law