As a lawyer, a notary is also a legal expert and jurist. He or she is therefore, a holder of an Undergraduate Notarial Law Degree. What distinguishes Me. Robinson and all other Quebec notaries, is that they also hold a Graduate Degree in that same field.
Another important distinction from a lawyer is that unlike her colleagues, she has been appointed by the state as a public officer. Conferring a high degree of reliability to all her actions who have been deemed authentic.
Me. Robinson has a duty of impartiality. She must represent all parties to act. For example, when conducting the sale of a property, she must be neutral and represent both sellers and buyers. Notaries are the agreement jurists!
"Specialist in preventive law, the notary drafts legal agreements with precision and clarity. It thus prevents problems of interpretation that could give to costly litigation.
The deeds of Me. Robinson are very reliable and hard to dispute, giving them added value. Given her expanded knowledge in civil law, Me. Robinson has a general practice. She may therefore advise clients in many areas. Otherwise, she will refer them to the appropriate specialist.
Before making her clients sign anything, Me. Robinson has a duty to verify their identity and their mental capacity. To verify their identity, she will ask for two valid and recognized identity documents and keep a copy of the latter on file. She not only has the duty to keep these documents on file, she also has the duty to check their validity and ensure that they are related to the person in question. She may also ask clients to produce other documents, enabling her to ensure that they have the ability and capacity to act. For example, a copy of a marriage or divorce certificate, etc.
Buying a home is probably the biggest investment people will make in their lives.
Me. Robinson will be available early in the process to properly direct her clients. During the drafting of the Purchase Promise, Me. Robinson will assess her client’s situation and advise them of the terms or conditions to insert into their offer.
Subsequently, she will proceed to search for the titles, check the land taxes, to ensure that there are no arrears; she will draft the relevant acts and meet with all parties.
The objective is to ensure that all parties are well protected at all times.
Due to a separation or due to a new union, it could happen that clients have to transfer shares they hold in their property. To do this, Me. Robinson will support her clients in their efforts, and will know how to properly advise them.
During separation, the two owners may decide to acquire shares the other has, either for free or for a charge, or under a separation agreement. Thus, the one who will acquire them will, then, become the sole owner of the property.
Moreover, the new owner will have to consult their financial institution to obtain a loan on his name alone. Two options are available to the new owner: either he will assume the responsibility of the first loan and its sole expense, or he will take out a new loan.
In the first option, a conveyance is required with an assuming clause is necessary. In the second option, Me. Robinson will have to refinance and obtain the release of the previous loan and write a conveyance. The second option is more expensive than the first one.
In a new union, the owner may decide to assign to his new partner, a part of his property. As such, future owners will have to agree on the separation of shares. At this particular transaction, Me. Robinson will advise clients to include specific clauses that will protect all parties. For example, a clause establishing units or a clause specifying and protecting who of the co-owners provided the seed money.
Financing or refinancing
As regards to the mortgage, clients have two choices, either to continue with the same financial institution, or to repay the existing loan and to contract a new loan. In case clients decide to take out a new loan, Me Robinson will make the financing or refinancing by issuing a new mortgage in the land register. She will do the full repayment of the first loan including the penalty. She will also pay the remaining debts as per the precise instructions of the lender, from the proceeds of the new loan.
Receipt and Release of Loan
The repaying of the loan in full, either due to the sale, to the reimbursement in full of the loan or due to a refinancing, must be written off by the notary. In this way, Me Robinson must obtain a receipt or a signed release by a representative of the financial institution and proceed further to the publication in the land register.
Ownership agreement or common-law agreement
In the same vein, Me. Robinson could advise clients writing a particular ownership agreement. The contract between the parties would be specific to the clients to best meet their needs.
Marriage or common-law?
Celebration of weddings and marriage contracts
Me. Robinson has the great honor to celebrate a union as a public officer. She is the right person to allow lovers to exchange their vows during the most important day of their lives. The celebration will be made to measure accommodating the bride and groom’s needs. They will be able to choose the day, the time and the location.
Whether for an intimate wedding or a huge celebration, the newlyweds will have a ceremony that all guests will remember.
In addition, during the meetings preceding the wedding, Me. Robinson explains in detail, the legal consequences of marriage and addresses the issues of family heritage, matrimonial and marriage contracts.
Union agreement forms
As the rules of Family Patrimony and Partnership of Acquits do not apply to common-law partners, Me. Robinson will advise clients when drafting a specific convention, meeting the most demanding needs.
In this document, Me. Robinson may subject clients to the various matrimonial plans, exclusions, establish undivided shares in the properties, set rules in case of separation, in short, organize the lives of the spouses.
Me. Robinson does not practice family mediation. However, as she accounts for professional mediators within her group of professionals, she is happy to refer clients with confidence, according to her customers’ desires.
Wills and protection mandates
Drafting wills and codicils
A will is a document by which a person can plan his succession. Whether the client is healthy or suffering from an incurable disease, he can choose who will be his heirs, who will be his executor, who will administer the legacy of his under aged children, and who will be their guardian. This is an extremely valuable document. Moreover, notarial wills will save time and money in the estate as it is authentic ex officio. It does not need to be checked by the law, unlike all other form of wills, so clients save money and time.
A notarial will is in accordance with the law and is difficult to contest. Moreover, as the original is kept in Me. Robinson’s office as demanded by law, it cannot be lost or stolen. It can be easily identifiable thanks to the will search that is made after the client's death.
The Codicil is a document that binds with the will at the time of death. Me. Robinson will advise her clients to have one in case changes need to be made to the will. For example, a change in legacy or in a liquidator. With a codicil, the client will save money because they do not need to rebuild and change their whole will.
Me. Robinson is a sensitive and comprehensive notary. She may therefore, advise clients and offer them solutions that more beneficial and always having their whole situation in mind.
Verification of Non-Notarized Will
When the will is made in its holographic form or witnessed, and not before a notary, it must be verified by the court. In this way, the notary must produce application to the Courts and obtain a judgment, proving that it is the last will of the deceased and that it is enabled.
To do this, Me. Robinson has to prove the death, she must also prove the validity of the will and prove that it is the last will.
After the judgment, the will is not indisputable. It will be possible to prove that this is not the last will or that it does not respect the law or that the testator did not have the ability to sign the will.
Until the judgment is rendered, the estate will be in waiting.
Editorial protection mandate
"A person is considered legally incompetent when the health of the render makes the render incapable of making decisions or acting for himself."
The protection mandate determines who will be the person who will take care of you and your assets in the event of your incapacity. Me. Robinson will explore with her clients, solutions that will be the most advantageous and most respectful to them. She can then write an act that will meet the needs of her clients. The term of protection may be notarized or not. Obviously, a notarial office is generally more comprehensive and more difficult to contest.
As the will, the terms of a notarized protection must be registered in the register appropriate by Me. Robinson.
Effective Protection Mandate
The inability of the person will be declared by the court when Me. Robinson deposits a motion for homologation. The approval of the mandate serves to formalize this incapacity, regardless of whether or not notarized. To file a complaint, Me Robinson need to get a medical evaluation and psychosocial evaluation of the, assumed, incapacitated person. She will also obtain a search certificate from the Chamber of Notaries of Quebec and the Quebec Bar to ensure that a warrant exists.
When the judgment will be rendered, the agent will begin its administration, according to the authority granted by the principal in the warrant.
Guardian of a minor child
Whether it is because the parents are unfit, deceased or unable to make decisions for their minor child, a guardian will be appointed. Parents can appoint a guardian and their replacement for their minor child when drafting their will or their protection mandate. They can do so by completing the form provided to that effect with the Public Curator. The tutor will ensure education for the child, represent and meet his needs, monitor and administer the child’s property, if that is the desire of the parents. The guardian must refer to a tutorship council. If no guardian cannot take the child under his charge, the Director of the protection of Youth will.
Me. Robinson is committed to helping clients select the right person to choose a replacement and explain the consequences. With all the reconstructed families, her experience makes her a good counselor.
Consent to organ donation
In addition to the registers of Wills and Protection Mandates, there is a third register of the Chamber of Notaries of Québec: organ donation.
Since 2005, notaries can collect consents or refusals to donate organs when drafting wills and protection mandates. This register is Confidential and only medical professionals can access it.
The decision to grant or refuse to donate an organ at the notary’s office, allows the client to fully think and ponder their decision and be assured that their wishes are properly recorded. The family is later spared to make a decision on the matter. That being said, the organs can only be taken when there has been an official neurological death. Me. Robinson will advise her clients and meet with them in order to answer any questions they may have.
Upon the death of a person, members of the family or close friends may need to make funeral arrangements and in doing so need to obtain important documents regarding the deceased. For example, if the deceased had signed a notarial will before he died, his relatives will have to do a will search. This research is used to determine the last wil signed before a notary or lawyer. Me. Robinson will be able to do this research in the relatives’ name. She may also obtain for them the death certificate issued by the Director of Civil State.
Me. Robinson will also oversee the liquidator in his tasks, such as asset inventory, paying debts and bills and delivery of goods to heirs. She may also make the request for verification of a non-notarized will.
Advance medical directives by notarized deed
Advance medical directives are set forth in a writing in which you express in advance your acceptance or refusal of certain types of medical care in specific clinical situations. This way, if you are no longer able to consent to care, the medical professionals will be obliged to uphold your wishes.