When a loved one passes away, the first hours and days are often marked by grief, exhaustion, and a certain confusion about the steps that need to be taken. In that state, it is tempting to act quickly — to rummage through drawers, go through the deceased's papers, or assume that everyone already knows what to expect. Yet, before taking any concrete step in settling the estate, one step is essential: the official testament search.
Why the Testament Search Is a Non-Negotiable Step
Even if your family believes it knows the deceased's wishes, even if a document has been found at their home, the official process remains mandatory. Under Quebec succession law, the validity and precedence of a will depend in part on its nature and its registration. A will drafted before a notary in Laval, for example, will be registered in the Register of Wills — but nothing guarantees that a more recent will does not exist, registered elsewhere or in another form.
Acting without having completed this search means risking the distribution of assets on the basis of a document that is not the most recent one, or overlooking the existence of an official deed that entirely changes the succession situation.
The Two Official Registers to Consult
The Register of Wills of the Chambre des notaires du Québec
This register records notarial wills and protection mandates drafted before a notary throughout the province. When a notary executes a will, they notify the register. Searching this register makes it possible to determine whether the deceased registered a deed there, and to obtain the relevant details for the subsequent steps.
The Register of Wills of the Barreau du Québec
This second register records holograph wills and wills made before witnesses whose existence has been reported by a lawyer or directly by the testator. It is equally important to consult, as a deceased person may very well have drafted a will without the involvement of a notary.
A complete search therefore requires consulting both registers. Me Petrulian will explain the details during your consultation, including the timelines and conditions specific to each step.
Who Can Request This Search, and How?
The testament search may be requested by any person with a legitimate interest in the estate — a presumptive heir, a designated or anticipated liquidator, or an authorized next of kin. In practice, it is generally the notary retained to settle the estate who coordinates the entire process on behalf of the family.
Engaging a notary in Laval or the greater Montréal area to conduct this search ensures that all steps are completed correctly, within the proper timeframes, and with the appropriate authorities. The notary also collects the required documents — including the death certificate — and follows up on the results.
What Happens Depending on the Search Results?
A Will Is Found
If the search reveals the existence of a notarial will, the notary can obtain a copy and begin the estate liquidation process in accordance with its provisions. If the will is holograph or made before witnesses, a verification procedure will need to be undertaken before it can take effect.
No Will Is Found
The absence of results from both registers does not necessarily mean that no document exists at the deceased's home. That said, if no valid will is ultimately found, the estate will be settled according to the rules of legal devolution provided under Quebec law. The notary will guide the family through this situation based on their particular family and patrimonial circumstances.
Common Mistakes to Avoid at All Costs
- Acting before the search: initiating transfer or distribution steps before obtaining the results exposes loved ones to serious complications.
- Assuming that a document found at home is the last one: a will discovered at the deceased's residence may have been revoked or replaced by a deed registered at a later date.
- Overlooking one of the two registers: consulting only the Chambre des notaires register without checking the Barreau du Québec register can result in a decisive document being missed.
- Waiting too long to retain a notary: in the context of a testament search in Laval or elsewhere in Québec, every week matters for the proper administration of the estate.
Consult Groupe Synergie Notaires
Have you recently lost a loved one and need to begin the estate settlement process? The team at Groupe Synergie Notaires in Laval is here to support you from the very first step, including the official testament search with both recognized registers in Québec. Contact us at (514) 399-1009 or at info@gsnotaires.com to schedule a consultation with Me Petrulian. We are here to guide you with rigour and compassion, at the moment when you need it most.
Disclaimer — This text is provided for informational purposes only. It does not constitute legal advice and is not a substitute for the guidance of a professional tailored to your particular situation.
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.