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Creating a will isn't anyone's favorite task, but in Quebec, it's especially important due to the province's unique civil law system. Without a will (dying "intestate"), Quebec's rules might distribute your assets in ways you never intended. The good news? Creating a valid will in Quebec doesn't have to be complicated or expensive.
Why Quebec Wills Are Different
Unlike other Canadian provinces that follow common law, Quebec operates under civil law, with its own Civil Code. This means the rules for wills and estate planning differ significantly from the rest of Canada.
Pierre Tremblay, a notary from Laval, explains: "Many Quebecers don't realize that without a will, the law decides who gets what—and it might not match your wishes, especially for common-law partners who have fewer automatic protections here."
Three Types of Legal Wills in Quebec
In Quebec, you have three options for creating a legally valid will:
1. Notarial Will
This will is prepared by a notary, signed before them and a witness, and remains in the notary's custody. It's automatically registered in the Registre des dispositions testamentaires et des mandats of the Chambre des notaires.
Pros: Difficult to contest, doesn't require probate, and can't be lost or destroyed.
Cons: Costs between $400-$900, depending on complexity.
2. Holograph Will
A will entirely handwritten and signed by you, with no witnesses required.
Pros: Free, private, and can be done quickly.
Cons: Must be entirely handwritten (no typing!), easy to make mistakes, and requires probate after death.
3. Will Made in the Presence of Witnesses
Typed or written by you or someone else, signed by you in the presence of two witnesses who also sign.
Pros: Can be typed, relatively inexpensive.
Cons: Strict signing requirements, requires probate after death.
Step-by-Step Guide to Creating Your Quebec Will
Step 1: Choose the Right Type of Will
For most people, a notarial will offers the most security and simplicity for your heirs, as it doesn't require probate (verification) after death. However, if cost is a concern, the other options are legally valid when done correctly.
Step 2: Make a List of Your Assets
Create a comprehensive inventory of what you own:
- Real estate (your home, cottage, rental properties)
- Financial accounts (bank accounts, investments, RRSPs, TFSAs)
- Insurance policies
- Vehicles
- Valuable personal possessions
- Digital assets (online accounts, cryptocurrencies)
Step 3: Decide Who Gets What
Make clear decisions about:
- Who will inherit specific assets
- How to divide your estate
- Who will care for minor children or dependents
- Any specific gifts or donations to charities
Remember that in Quebec, you cannot completely disinherit your spouse or children—they are entitled to a portion of your estate under the "family patrimony" rules.
Step 4: Choose Your Liquidator (Executor)
Select someone trustworthy to manage your estate after your death. This person will:
- Gather your assets
- Pay outstanding debts and taxes
- Distribute your assets according to your will
"Your liquidator needs to be organized and trustworthy," advises Marie Bouchard, a financial advisor from Quebec City. "Many people name their spouse or adult child, but you can also name a professional like a notary or trust company for complex estates."
Step 5: Draft the Will
Depending on which type you've chosen:
- Notarial will: Schedule an appointment with a notary
- Holograph will: Write out your entire will by hand, clearly stating it's your will, your wishes, and sign and date it
- Witnessed will: Type your will, then sign it in front of two witnesses who aren't beneficiaries
Step 6: Store It Safely
- Notarial will: Your notary keeps the original and registers it
- Holograph or witnessed will: Store in a secure location like a fireproof safe, and tell your liquidator where to find it
- Consider registering non-notarial wills with the Chambre des notaires for an additional fee
Common Mistakes to Avoid
- Using ambiguous language: Be specific about who gets what
- Forgetting to update your will: Review after major life events (marriage, divorce, births)
- Not considering Quebec's family patrimony rules: You must respect your spouse's and children's rights
- Choosing the wrong liquidator: Pick someone capable, not just someone you want to honor
- Not accounting for all assets: Include digital assets and sentimental items
When to Seek Professional Help
While DIY options exist, consulting a notary or lawyer is recommended if:
- You have a blended family
- You own a business
- You have substantial assets
- You want to minimize taxes
- You have heirs with special needs
Next Steps
Creating a will is just one part of estate planning. Consider also preparing:
- A protection mandate (in case of incapacity)
- Power of attorney for finances
- Advanced medical directives
"The peace of mind that comes from having these documents in order is worth every penny," says Monique Gagnon, 68, from Sherbrooke. "After my husband passed without a clear will, I spent months sorting out his estate. I've made sure my children won't face the same challenges."
By taking the time to create a proper will today, you're saving your loved ones stress, time, and potentially significant costs during an already difficult period. In Quebec's unique legal landscape, this simple step is one of the most thoughtful gifts you can leave behind.