Adding the reading of the will to the agenda
Aunt Jean's death has caused an uproar in the Martin family. The rich old maid, as her younger sister Bernadette somewhat enviously called her, has left her silverware to Bernadette and her car to her two nephews, while her cottage will be used to pay for the younger children's education. In addition, there are other odds and ends willed to other relatives and even neighbours.
Charles, her brother-in-law, for whom she had a special fondness, was surprised to find himself named as the liquidator of the succession. His wife, children, and cousins have endless questions: How is the car to be shared? How much will the cottage bring in per year and how will the income it generates be made to grow? Charles has absolutely no clue.
A survey conducted by the Chambre des notaires du Québec in March 2004 found that 80% of Quebeckers are in favour of a clause requiring the reading of the will.
His vague and evasive answers have frustrated his own children, and even his wife is fuming. The $100 that Aunt Jean left him to carry out her final wishes does not come close to compensating him for his discouragement.
Charles had never even heard of the term “liquidator” before, let alone the work he is now required to do. What are his responsibilities toward the other family members? He must learn on the job—and fast. He is so troubled by this situation that he wakes up in the night resenting his sister-in-law.
It all started when Aunt Jean's bank manager asked to meet with Charles (she always had plenty of admiration for bankers). She had entrusted the manager with her handwritten will—countersigned by two witnesses—and asked him to contact her brother-in-law after her death. That's how Charles learned that he was the liquidator of her succession. At first glance, her instructions seemed clear enough, if somewhat inconsistent.
When he told his family members about this meeting, they were not only incredulous but also somewhat suspicious, as if he had not entirely understood Aunt Jean's last wishes.
“And why couldn't we attend this meeting?” pressed Jonathan, his eldest son. Indeed, why not? We've all seen films in which everyone mentioned in the will is seated in the lawyer's office, listening with baited breath as he explains how much wealth the dearly departed had amassed and, in particular, how much each heir would receive.
Bring back the reading of the will
This procedure, known as the opening of the will, was once commonplace but has been slowly abandoned over the years. However, notaries are now suggesting that it be reinstated. They believe that reading and explaining the will to the heirs can help resolve most conflicts following the death of a family member.
How can you ensure that such a reading will take place? You simply include a clause in your will—notarial of course—requiring a reading. In that case, the notary will call all your heirs together to make your final wishes known and explain what those final wishes may entail. As an independent third party, the notary can answer certain questions that some people would dare not ask anyone else for fear of upsetting their family members. The notary can also play the role of mediator if the contents of the will give rise to conflicts.
Naturally, the notary will explain the liquidator's role and responsibilities, in the presence of all those concerned. All heirs will therefore be aware of the various tasks the liquidator must perform.
Bringing all heirs together for the reading of the will is the first step toward the successful settlement of a succession
The reading of the will is the first step toward the successful settlement of a succession. Of course, preparation of the will is an essential part of this. It must be complete and absolutely clear, with no grey areas or room for interpretation. Aunt Jean would have received professional advice if she had met with a notary and expressed her final wishes more clearly. Charles's task would have been greatly simplified— and his family would have been spared considerable tension.