tHE WILLS
Writing a will is not a legal obligation in Quebec, but it is strongly recommended. It is the most effective way to express your final wishes and ensure a peaceful transfer of your estate.
In Quebec, there are three legally recognized types of wills:
Why Create a Will?
A will allows you to:
You can update or rewrite your will at any time to reflect new intentions, especially after a major life event such as a separation or divorce. The last valid will is the one that will be enforced after your death.
What Is a Codicil?A codicil allows you to add or amend elements of your will without having to rewrite the entire document. It must follow the same validity requirements as the original will, even if it’s in a different format. For instance, a holographic codicil can modify a notarial will.
However, drafting a new will is often recommended to avoid confusion or misinterpretation.
Will Verification After DeathIf your will (and codicil, if applicable) was not prepared by a notary, it must be verified after your death. This verification process—conducted by a notary or the court—incurs additional fees, which are paid by the estate.
In Quebec, there are three legally recognized types of wills:
- Notarial will: Prepared and signed by a notary.
- Holographic will: Entirely handwritten and signed by the testator.
- Will made in the presence of witnesses: Written by you or with assistance, and signed in the presence of two witnesses.
Why Create a Will?
A will allows you to:
- Appoint one or more liquidators to manage your estate.
- Grant extended powers to your liquidators if needed.
- Name a guardian for your minor children.
- Include specific protections for your heirs.
You can update or rewrite your will at any time to reflect new intentions, especially after a major life event such as a separation or divorce. The last valid will is the one that will be enforced after your death.
What Is a Codicil?A codicil allows you to add or amend elements of your will without having to rewrite the entire document. It must follow the same validity requirements as the original will, even if it’s in a different format. For instance, a holographic codicil can modify a notarial will.
However, drafting a new will is often recommended to avoid confusion or misinterpretation.
Will Verification After DeathIf your will (and codicil, if applicable) was not prepared by a notary, it must be verified after your death. This verification process—conducted by a notary or the court—incurs additional fees, which are paid by the estate.
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