English

Mtre Kristel Goudreault, Notary
819-777-4321

kg@kgnotaires.ca

Mtre Gabrielle Papineau, Notary
819-525-3316

gp@kgnotaires.ca

our  services 

Real Estate

Offer to Purchase

Are you preparing for one of the most important investments in your life?  We can help in protecting you by writing the offer to purchase, analysing an existing offer to purchase, verifying your rights and obligations, etc.

Buying a property / immovable

Are you buying a new property / immovable? Prior to purchasing a property and in order to prevent any problems, it is important to verify if the said property is in conformity with all regulations in force, to verify all previous owners of the said property, to verify your mortgage obligations, to clarify if you are buying with or without legal warranty, etc.  Our notaries will protect and advise you.

Mortgage / Refinancing

Are you refinancing your property or are you getting a new mortgage or line of credit? Whether you are financing with a financial institution or a private lender, our notaries know how to deal with these procedures and explain all impacts and involvements in details. They also write all required legal documents.

Easement / Servitude

Is your neighbour’s shed encroaching on your property? Another neighbour argues that he/she has a right of way on your property? What are your rights and obligations regarding these types of situations? Do you need to sign a Deed of Easement (Servitude)? Let one of our notary team experts answer your questions and concerns.

Sale under judicial authority

Is a financial institution taking a legal recourse against a property in virtue of its mortgage? This property needs to be sold?  No problem! Don’t hesitate to appoint one of our notaries as the designated officer entrusted with the sale.

Property acquisition by acquisitive prescription – Petition in acquisition of an immovable property

You need to take legal actions with the court to clarify your title of ownership? Our qualified notaries can help you go through the court procedures.

Discharge / Release Deed / Acquittance

Careful! You are finished with paying your mortgage or line of credit with a bank or a private lender? Don’t forget to obtain a legal proof of complete payment and let one of our notaries write and register such proof of payment on your property. If not, the lender still has a lean against your property. Be the one and only owner of your property, and ensure no one else can claim rights to your property. Consult our notaries!

Will / Estate

Will

Do you believe you will automatically inherit from your common law partner or your spouse upon his or her passing? The answer is no! A will is the only way to ensure you will get an inheritance.

Determine in advance who will inherit, how your estate will be bequeathed and who will be in charge of your estate upon your death. A notarized will also determines who will be the legal tutor of your minor children including many protection clauses. You cannot imagine how many subjects can be included in a notarized will. Notarized Wills are registered at the Registry of the Chambre des Notaires du Québec to ensure your liquidator (executor) has access to your will upon your death wherever you are and whenever it happens. It also ensures your will is applied the way you wanted. No additional charges for probating your will are necessary if you have a notarized will. A notarized will is the best way to protect your family and all your heirs. It is the best planning for your estate and it also verifies and clarifies all tax effects that might affect your estate or decrease its value.

Fiduciary Will (Trust)

This is a more complex form of a will. You fear your heirs will not make good use of their inheritance? You wish to protect your handicapped child for the future?

You want to create a trust for which particular and specific instructions will be given to the administrator in order to protect someone in your family? You wish to reduce the tax effects that might decrease the value of your estate? Ask one of our team experts how to prevent these potential situations.

Probate of a Will

According to Québec laws, only the notarial will is authentic. There is no more formality necessary to enforce it at the time of the death. However, the holograph will (written by the hand of the deceased) and those made before witnesses must imperatively be probated by the court before use. This process involves many delays and costs, but it must be followed to allow for the application of the will that is not authentic.

Mandate given in anticipation of incapacity (Living Will)

Often known as living will, this particular mandate confers you the appropriate protection you need while alive. This will prevent long and costly procedures for your family if you are declared mentally incapacitated in case of Alzheimer, coma, etc.  It is often compared to a power of attorney but it is very different as it allows you to decide in advance who will have the power to access your bank account or to consent for medical care on your behalf. It will provide your preferences in case of medical needs. It will prevent headaches for your family and avoid long procedural processes that would occur if you do not have a mandate in case of incapacity.

Probate of an existing Mandate

When a person is declared mentally incapacitated and that he/she previously had a mandate of protection prepared in case of incapacity, our notaries may take the legal steps and procedures to probate that mandate. Our notaries will provide all necessary information and will move forward. Let us take care of these procedures during these difficult times.

Advance Medical Directives

It is now possible to determine in advance and by written statement which medical cares you accept or refuse in case you become incapable of consenting to healthcare in specific situations. Your directives will be recorded in the Advance Medical Directives Register (Registre des directives médicales anticipées) to be accessible by health professionals when necessary. Let us help you!

 

Estate Settlement

The death of a loved one is a distressing event. While we are mourning, the law requires numerous actions to settle an estate. Because your notary is your specialist in this legal field, he / she will guide you through all the steps required to settle the estate.

 

Testamentary Searches

Testamentary searches are undoubtedly the first step to undertake upon death, as the last will needs to be verified. Even though it is strongly believed that the deceased did not have a will, testamentary searches are the only legal documents that prove it. This will be required prior to any subsequent stages of any settlement regarding the estate.

 

Probate

According to Québec laws, only the notarial will is authentic. There is no more formality necessary to enforce it at the time of the death. However, the holograph will (written by the hand of the deceased) and those made before witnesses must imperatively be probated by the court before use. This process involves many delays and costs, but it must be followed to allow for the application of the will that is not authentic.

 

Renunciation

It is possible for an heir or a legatee to renounce to his / her rights in an estate. This may be a renunciation to favour a third party (in favorem) or simply a renunciation because of an insolvent estate. This must be done by a notarial deed, which must be published at the Register of Personal and Movable Real Rights. The time limit prescribed by law must be respected, otherwise the heir or legatee may be forced to accept a legal succession manifestly disadvantageous to him or her.

 

Designation of the Liquidator (Executor)

Unless a liquidator is appointed in a will, it is important to appoint a liquidator to take over the settlement of the estate. The law requires that the appointment of a liquidator be registered at the Register of Personal and Movable Real Rights and at the Land Registry.

 

Declaration of Transmission

If the deceased owned an immovable property (house, cottage, land, etc.), the document needed to transfer the said property to the heirs is called the Declaration of Transmission. This document must absolutely be made by notarial act failing absolute nullity.

Your notary is the expert to advise you about this, given that he or she is the only one allowed to produce it.

 

Clearance Certificate

After paying the debts of the deceased, the liquidator must obtain the clearance certificates from the tax authorities. These documents certify that the assets of the estate may be delivered to the heirs.

 

Rendering the Account, Delivery and Partition

Upon receipt of the clearance certificates, the liquidator shall draw up an account, which shall contain the details of the payments made by the latter for the estate and the remaining sums and property to be delivered to the heirs. After the account, there is the partition of the assets of the estate and the discharge of the liquidator by the heirs. The closing of the account must be published at the Register of Personal and Movable Real Rights. It is at this point that the settlement of the succession ends.

 

Publication of Notices

Several acts must be registered at the Register of Personal and Movable Real Rights during the settlement of an estate, in addition to publications that may be required in newspapers. Your notary is in the best position to provide these documents since in addition to being an estate law professional, the notary must commonly use the Register of Personal and Movable Real Rights in many of his or her files.

Estate settlement

The death of a loved one is a distressing event. W hile we are mourning, the law requires numerous actions to settle an Estate. Because your Notary is your specialist in this legal field, he / she willguide you through all the steps required to settle the Estate.

Testamentary Searches

Testamentary searches are undoubtedly the first step to undertake upon death, as the last Will needs to be verified. Even though it is strongly believed that the deceased did not have a Will, testamentary searches are the only legal documents that prove it. This will be required prior to any subsequent stages of any settlement regarding the Estate.

Obtaining the Proof of Death

The official death certificate is delivered by the Directeur de l’état civil du Québec. Therefore, it is the official death certificate, which is not the same as the one provided by the funeral home.

Renunciation

It is possible for an heir or a legatee to renounce to his / her rights in an Estate. This may be a renunciation to favour a third party (in favorem) or simply a renunciation because of an insolvent Estate. This must be done by a notarial deed, which must be published at the Register of Personal and Movable Real Rights. The time limit prescribed by law must be respected, otherwise the heir or legatee may be forced to accept a Legal succession manifestly disadvantageous to him or her.

Designation of the Liquidator (Executor)

Unless a Liquidator is appointed in a Will, it is important to appoint a Liquidator to take over the settlement of the Estate. The law requires that the appointment of a Liquidator be registered at the Register of Personal and Movable Real Rights and at the Land Registry.

Declaration of Transmission

If the deceased owned an immovable property (house, cottage, land, etc.), the document needed to transfer the said property to the heirs is called the declaration of transmission. This document must absolutely be made by notarial act en minute. Your Notary is the expert to advise you about this, given that he or she is the only one allowed to produce it.

Inventory of the Estate

The inventory consolidates the deceased’s assets and liabilities, which are the debts the deceased had at the time of his/her death, the debts arising from the death, property, bank accounts, investments and other assets held by the deceased. The inventory must be registered at the Register of Personal and Movable Real Rights in the form of a notice, in addition to the obligation to publish a notice of said closure of the inventory in the newspaper circulated in the locality where the deceased had his last known address. The law is strict regarding this obligation, within a specified timeframe. If it is not duly done, the heirs may be forced to pay personally the deceased’s debts. It is a “punishment” if the requirements imposed by the law are not respected.

Clearance Certificate

After paying the debts of the deceased, the Liquidator must obtain the clearance certificates from the tax authorities. These documents c ertify that the assets of the Estate may be delivered to the heirs.

Rendering the Account, Delivery and Partition

Upon receipt of the clearance certificates, the Liquidator shall draw up an account, which shall contain the details of the payments made by the latter for the Estate and the remaining sums and property to be delivered to the heirs. After the account, there is the partition of the assets of the Estate and the discharge of the Liquidator by the heirs. The closing of the account must be published at the Register of Personal and Movable Real Rights. It is at this point that the settlement of the succession ends.

Publication of Notices

Several acts must be registered at the Register of Personal and Movable Real Rights during the settlement of an Estate, in addition to publications that may be required in newspapers. Your Notary is in the best position to provide these documents since in addition to being an Estate law professional, the Notary must commonly use the Register of Personal and Movable Real Rights in many of his or her files.

People / Families

Common Law Contract

More and more popular for common law partners, a signed common law contract allows partners to define the partition of ownership of their property in case of separation. Since common law partners are not protected by any matrimonial regime in Quebec, it is important to decide in advance how it will go in case of separation. Child support, residence and lots of other important subjects are treated in this document. Have a common law contract while it goes well with your partner!

Wedding

It is our great pleasure to celebrate weddings! Because it is one of the most memorable moments in your life, our notaries offer a custom approach which will clearly make you happy. Let us handle the legal aspect of the celebration of your wedding in conformity with your requests. Tell the notary your preferences, and your ceremony will be unique, memorable and the most beautiful day of your life!

Marriage Contract / Pre-Nuptial Contract

Often called “pre-nupt”, did you know that you can decide in advance what will happen with your properties if you divorce or legally separate? Be prepared, just in case of… If you don’t make a prenuptial contract, the law will automatically decide what will happen to your properties upon divorce. Is it not better to decide in advance what you want in case of a divorce?

Curator to the person / guardian

All of this is complex and needs legal advice. If a person didn’t make a mandate of protection in case of incapacity or living will, a legal procedure adapted to the degree of incapacity of this person must be done to appoint the right person and to give the right powers to that person (curator, tutor). Let’s have our experts handle this legal procedure as we often help families in these difficult situations.

Power of Attorney

This is a legal document in which a person (an attorney) is appointed to act on your behalf in case you need to be represented while physically away. Power of Attorney might be specific or general, depending on the particular situation. Let’s have one of our KG Notaries experts help in this matter.

Corporate / Business

Commercial Lease

A Commercial Lease is the document in which all terms and conditions regarding the renting of a commercial space are described. Because the law does not regulate much of this kind of renting, it is important to determine the rules you want to apply, to protect the landlord as well as the tenant.

Incorporation of a Corporation

There are several legal forms that an enterprise can adopt, including the corporation, also known as a company. Legislation under which the incorporation will take place must be carefully chosen since this can have a significant impact on the planning of your business. The notary, as the legal adviser on the subject, will know how to guide you in choosing the most appropriate legal vehicle depending on the particular situation.

In accordance with the Notaries Act and the Act respecting the Barreau du Québec, only notaries and lawyers are authorized, on behalf of others, to prepare and write agreements, bylaws, resolutions, petitions and other documents regarding the constitution, organization, reorganization, updating, merging, including dissolution or liquidation of a company.

Registration of a Business

When a business operates within the Province of Québec or has an address within Québec, it must be registered with the Registraire des entreprises du Québec. This is called a “NEQ” (Quebec Entreprise Number). Exercising its rights may be restricted if a business does not comply with this obligation. As an example, if a business needs to assert its rights in court, the mere fact of not being registered may prevent its representation before the judge.

Merger, liquidation, reorganization and dissolution of a business / company

For more complex procedures affecting the evolution of your business until its dissolution, the notary will be able to advise you and provide the appropriate documents in order to obtain the desired outcome, according to the rules and regulations.

Name Searches

The notary can help you obtain the name you seek for your business. Some names may already be reserved or used. Others may be denied for various reasons. Therefore, it is important to take all appropriate steps to ensure your business will operate legally under the proper name.

Annual meeting, updates of the company’s book, declarations with the appropriate authorities (Registraire des entreprises du Québec / Corporation Canada)

A company must fulfill annual obligations. Some resolutions are required in order to comply with the law. Government registries also require some updates by filing appropriate forms. The absence of updated information could lead to dismissal of the company, thereby transferring all assets owned by the company to government by the simple effect of the law. Contact your notary to find out more about your company’s annual obligations!

Sale of business – sale, transfer, redeem of shares

You wish to continue the activities of an existing company? Consult your notary to determine the most beneficial mechanisms to achieve this. Tax implications and directors’ liability are critical elements to consider before closing such a transaction. All elements will be scrutinized by your notary in order to peacefully pursue your activities.

Shareholders’ Agreement

The Shareholders’ Agreement establishes and regulates their rights, obligations and protection. It also provides solutions in the event of conflict situations. This agreement will undoubtedly save you time and money in the future.

Corporate Vault

The “Corporate Vault” is a service offered by KG Notaries to ensure your book of company will be maintained up to date. By opting for this service, you instruct your notary to proceed with the annual meetings, the updates of the book of company, the declarations to the concerned authorities, the declarations of dividends, etc. Your notary will act in concert with your company’s accountant to ensure the legal and financial aspects of your company are met.

Partnership Agreement

In order to operate a business, other options than a corporation exist. It depends on your financial profile as well as your field of activities. It may be beneficial for you to opt for a different legal vehicle, such as a limited liability partnership. Your notary will inform you about all the advantages and disadvantages, as well as the procedures, to get there. Your notary will also draw up the agreements governing the associations you wish to create.

Trust

The trust is a distinct patrimony in which your notary may transfer a property that may have three main objectives: the protection of your property, the control of your property and / or tax planning regarding your property. This is not a simple mechanism, but rather a vehicle that needs to be meticulously adapted to each situation for which the trust is created.

Franchising

To analyze and write a franchise agreement, only your legal counsel can assist you. Legal issues such as intellectual property, royalties, management processes and investments need to be addressed prior you sign the franchising contract.

It is to be noted that a well-established business avoids future additional costs!