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Civil union

Civil union is a new way that allows heterosexual, as well as same sex couples, to unite publicly and legally.

Couples under a civil union are submitting to the same laws as married couples. Laws concerning house chores and familial patrimony apply to both. Just as married couples, they can inherit from each other, even in the absence of a will.

Further more, just as married couples, they can choose to unite under the regime of the partnership of acquests or under the separation as to property.The choice of regime will be made through during the writing of an authenticated contract of civil union, a document that is in all regards similar to a marriage contract.

In conclusion, dissolution of a civil union can be made without judicial intervention, if both parties agree and no children are involved. However, should there be disagreement or if a child's interests are in cause, the civil union will be dissolved by a court judgement.

The will


A will is the only legal document that allows you to choose your heirs and the distribution of your property while you're still alive.

There are three types of will:

· The authenticated will

· The handwritten will that is completely written by the hand of the testator, with or without witnesses

· The will in front of witnesses that can be handwritten or by any other type of writing, by pen or by electronic means but has to be made in the presence of 2 witnesses


Both the handwritten and the will in the presence of witnesses have to be verified by a court or by a notary. This verification procedure can be long and costly. Only the authenticated will comes into effect at the time of the death of the testator.


As it contains your last wishes, the will must be written in clear terms. The notary knows the importance of the choice of words and he will be pleased to guide you during the elaboration of your will so that nothing will be forgotten.


In conclusion, unlike the other types of will, the original copy of the authenticated will is kept by the notary in a safe place and cannot be lost or destroyed.


The absence of a will can make your succession longer and more costly to resolve. So it is in your best interest to make a will no matter what your legacy may contain.


The mandate in case of incapacity


While we still have all our intellectual faculties and we can see to the management of our belongings, it can be cautious to foresee what will happen to your person and belongings in case of ineptitude.


A mandate in case of inaptitude allows us to choose a person capable to take over for you and take care of you and the management of your belongings. A mandate in provision of inaptitude will take effect as soon as it is noted by a competent notary.


In absence of that mandate, when inaptitude occurs, a request has to be made to the court and a family council has to be convened to name a person responsible for the management of yourself and your belongings. If a family council cannot be convened, the Public Curator will be appointed to take care of you and your belongings.


To avoid this long and costly procedure, it is to your advantage to choose the person that will take care of you and your belongings by making, with your notary, a mandate in case of inaptitude.

The power of attorney

If you are planning to go away for a long period of time and you need to name a person who could act in your absence, you could simply establish with your notary, a power of attorney adapted to your situation that will allow the chosen person to act in your name. A power of attorney will take effect as soon as it is signed and can be revoked at any time.


Buying and selling property


and selling property is one of the most important actions you will ever take. It is of primary importance that you be informed of the exact nature of each document that you will sign during the process of the transaction.


The notary will also be able to guide you during the writing of the purchase offer, so you can avoid any bad situations that could result from a vague and improper document. The notary will also sure to write a deed of purchase offer adapted to your situation and include all the clauses necessary to protect your rights.


To make your transaction successful, it is of primary importance to consult competent professionals who would know how to guide you during the whole purchase transaction and give you proper advice.



© 2006 Me Brenda Langlois: Montreal notary / notaire de Montreal
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