5 THINGS TO CONSIDER
Wills are easy to make in this province, but the help of an expert can help prevent any vagaries that could potentially cause hurt feelings later
1 Of course, in the end, what happens to your possessions won’t matter, you will be dead. But have mercy on the people you leave behind: prepare a will. As straightforward as death is, the paper trail can be quite complicated. And the law might impose a few surprises without a valid will. In Quebec, for example, a common-law spouse is not considered an heir if there is no will.
2 It’s a simple process. You could start with the Éducaloi’s website (educaloi.qc.ca/en/capsules/wills), which addresses such topics as why you need a will and how to leave instructions for end-of-life care. It also has links to legal resources and where to find notaries and lawyers in Quebec.
3 The price of a standard trust drawn up by a notary starts at about $300. Our notary also prepared our mandate (power of attorney) and living will, which cost another $195. If you become incapacitated, without a mandate, family members cannot take over your financial affairs. Having to wait for the court to appoint someone is expensive and might take several months.
4 Acknowledging you are going to die also means someone will probably have to make some decisions about medical care, or, at least, what to do with your body. My husband and I know this — we are a practical pair. Still, when the notary asked about our wishes, we weren’t ready. I am happy to donate to science eyes, organs, cells — whatever might help researchers help someone else. But my husband was squirming having to think about it. My unease came when we had to name someone who would have the power to pull the plug — that is, impose a do-not-resuscitate order. The obvious choice is one of our sons. I imagined him looking at me lying on a stretcher and having to say “let her go.” What a terrible thing to ask of a boy. Take time to think about such situations and talk to the people you are handing responsibility to.
5 Besides squaring away all the legal issues, a notary also has some practical advice, much of which anticipates and deflects any possible conflicts among heirs. For example: My husband and I have both opted for cremation, but hadn’t thought through what happens to the ashes. Our notary guided us: you can request that your ashes be scattered at places that have meaning to you. She emphasized the plural of places: that way, she told us, the ashes can be divided among the boys if they have different opinions about our final resting place.