Wills: The essentials

A will is a tool for expressing your final wishes and planning how your succession will be settled. If you die without a will, the law decides who will inherit your property.

What to know before making a will

You can make a will if you’re an adult, if you’re able to make decisions for yourself and if you can provide informed consent.

If you are placed under tutorship or if a court homologated your protection mandate, you may still create a will. However, for it to be valid, a court will have to make sure that you understood what you wrote when you wrote it.

Before making a will, be sure to make a list of your property and your debts. Next, identify your final wishes and assess whether you need professional advice.

You should also consider who you’d want as the liquidator (also called an “executor”). The liquidatoris the person who settles your succession and distributes your property after your death.

What is a will (Gouvernement du Québec)

Who can make a will (Gouvernement du Québec)

Before making a will (Gouvernement du Québec)

An Inventory of What You Own and Owe (Éducaloi)

Patrimony: your 360 guide (asset inventory guide) (Chambre des notaires)

What are the different types of wills?

In Quebec, there are three types of wills:

will made in the presence of witnesses,
notarial will,
holograph (handwritten) will.

In all cases, you must follow certain formalities to ensure that your will is valid.

Will made in the presence of witnesses

For this type of will, you can either draft it yourself or ask someone else to draft it for you. However, if you ask someone to draft it for you, this person will not be allowed to inherit any of your property.

This type of will must be signed by you and by two witnesses. The witnesses must be 18 years old or older, they must be able to make decisions for themselves and they cannot have any interest in your succession. You’re not required to share what your will says with the witnesses.

Notarial will

A notarial will is made by a notary and must be signed by you and by a witness.

There are costs involved in making a notarial will.

Holograph will

To be valid, a holograph will must be entirely written and signed by you. No witnesses are needed.

Did you know?

A notarial will is the only type of will that doesn’t have to be verified by a court or a notary after you die.

Wills made in the presence of witnesses and holograph wills must be verified, and the succession must pay for this.

Forms of will (Gouvernement du Québec)

Sample Wills Sold in Stores and Online (Éducaloi)

Wills (Éducaloi)

Changing or revoking your will

You can change your will as often as you like. It’s a good idea to review your will whenever major changes happen in your life.

You can also revoke (cancel) all or part of your will.

Amending a will (Gouvernement du Québec)

Revoking a will (Gouvernement du Québec)

Rules for Indigenous persons

Special rules apply if you are:

registered under the Indian Act, and
you live in an Indigenous community (formerly called a “reserve”).

You can prepare your own will, but there are special rules concerning the way you make your will and what you can include in it, especially if you have land or a house in the community.

How to Make a Will: Considerations for Indigenous Communities (Éducaloi)

What to Put in a Will: Considerations for Indigenous Communities (Éducaloi)

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The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.