The office
Me Oscar Fernandez Garcia, notary
A notary in Montréal, Me Oscar Fernandez Garcia meets clients by appointment at his office on boulevard de l’Acadie, in the Ahuntsic-Cartierville borough.
The notary’s role in Québec
In Québec a notary is both a jurist and a public officer. They advise every party to an act impartially, draft authentic acts and keep the original.
That impartiality is what sets a notary apart from a lawyer, who defends one party’s interests. It also explains why certain acts, such as an immovable hypothec, must be received before a notary: article 2693 of the Civil Code of Québec requires it on pain of nullity.
A notarial act is an authentic act: it makes proof of its content, its date cannot be contested, and the minute, the original, stays in the office’s safekeeping permanently. That is why a notarial will does not have to be probated by the court after death, whereas a holograph will does.
Member of the Chambre des notaires du Québec- Impartiality
- They advise every party to an act impartially.
- Authentic act
- It makes proof of its content and its date cannot be contested.
- Oversight by the Chambre des notaires du Québec
- The professional order that governs the practice and keeps the registers in which wills and protection mandates are entered.
The process
How your file proceeds
This is often the real question behind the hesitation to call: what you will be asked for, and whether your situation is too simple or too complicated to be worth bothering anyone about.
First contact
The first contact is there to establish the facts. You say what you are trying to achieve, roughly what your family and patrimonial situation is, and what deadlines you have. You are told what is possible, what is not, and what will have to be obtained. There are no wrong questions and you do not need to know the vocabulary.
Preparing the file
Then comes the invisible work: examining titles, requests to the registers, calculations and adjustments, drafting. That is the part that takes time and depends on third parties (lenders, municipalities, registers) who answer at their own pace. It is why a file cannot be settled the day before.
Reading and signing
At the signing, the act is read and explained before it is signed. You leave with a copy and knowing exactly what you have signed. If something was unclear, that is the moment to say so: afterwards, it is an act.
An accessible office, here and elsewhere
- Languages
Français · English · Español
Meetings, explanations and preparatory documents are handled in French, English or Spanish, whichever you prefer: just say so at the first contact. A notarial act is valid only if you consented knowingly, and understanding exactly what you are signing is the very condition of that consent.
- Reach
Throughout Québec
A Québec notary’s territorial competence extends to the whole of Québec: you do not have to live in the borough, or even in Montréal, to have an act received here.
- Remotely
Under certain conditions
The law also allows, under certain conditions and where the notary is in Québec, for a notarial act to be received remotely. It is a regulated possibility and it does not suit every file: it is a question to raise at the first contact rather than at the end.
Clear, verifiable information
Every service page on this site lists its official sources and carries a note that professional review is pending until the notary has validated the text.
It is a rule this site imposes on itself: what cannot be substantiated is not written. So you will find no promise of a result, no superlative, no count of files handled and no advertised rate; fees depend on the nature and complexity of the file, and they are presented to you before the work begins.
The general information given here does not replace legal advice: every situation has to be assessed on its own, and that is precisely what a meeting is for.
Official sources
- Chambre des notaires du Québec
- Éducaloi
- Government of Québec
- Civil Code of Québec
- Land Register
Next step
A question about your situation?
Write to us or call the office. We will tell you which steps to follow and which documents to prepare.
By appointment · Français, English, Español