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.
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