The confinement may have been an opportunity to ask yourself some questions... What if something were to happen to me, have I taken the right steps? Stéphanie Swiklinski, a qualified notary, gives us some pointers.
Do I absolutely have to make a will for my wishes to be respected?
In these times of health crisis, this must be on everyone's mind! Perhaps it's time to make an appointment with your notary to discuss the matter, or even to take the plunge anddraw up a will. It's essential to draw up a will if you want your wishes to be respected, or if you want to make special arrangements for certain people. Contrary to popular belief, there is no age limit for making a will. Whether it's to prevent family conflicts, particularly in the case of a blended family, or to pass on to a person who is not an heir (for example, in the case of cohabiting or civil union partners), it's advisable to draw up a will. The most common forms of will are
- an authentic will drawn up by your notary, under your dictation;
- or a holograph will written, dated and signed by you. In the latter case, it is advisable to entrust your notary with its safekeeping, so that he can register it in the central file of last wills and testaments.
How do I draw up the beneficiary clause of my life insurance policy?
The beneficiary clause of your life insurance policy is essential. It determines how the death benefit will be distributed to the beneficiaries you have designated. Your insurer has a duty to advise you on how to draft and update your beneficiary clause. Pull out your contracts to check that they still correspond to your wishes. If not, make an appointment with your insurer to modify the clause. You can also include your beneficiary clause in a will filed with your notary. Your notary will be happy to advise you on this. At the same time, you should inform your insurer of your decision.
When should I make a living gift?
A gift between spouses, also known as a "last living gift", is an essential precaution when you're married. You can include it in a marriage contract, but in most cases, it's made during the marriage. This could be a good time to think about it. It's always better to plan ahead, because you never know what life will throw at you! To improve your spouse's "share of the inheritance", all you have to do is make an inter-spousal gift before a notary. This gift will only take effect on the death of the first spouse. It should also be noted that this provision can be revoked at any time, except where it has been made by marriage contract.
Stéphanie SWIKLINSKI