Witnessed Wills in Quebec
Witnessed Wills in Quebec– Online Funeral Services
A witnessed will (or attested will) is a legal document that you may write yourself—either by hand or typed on a computer. Alternatively, you can have someone else write the will for you. However, this person must not be a beneficiary, as they should not stand to gain from the contents of the will.
If the will is typed or written by someone else, you and your witnesses must sign or initial every page, except those that already contain your signature. The key requirement is that you must declare before two competent adult witnesses that the document represents your will, and then sign it in their presence. If you are physically unable to sign, another person may sign on your behalf, under your instructions and in front of the witnesses.
After your signature, the witnesses must immediately sign and initial each page of the will.
Important Legal Considerations
Choosing a witnessed will gives you flexibility in how it’s prepared, but you must follow the formal signature and witness requirements to ensure it will be valid.
If the will is typed or written by someone else, you and your witnesses must sign or initial every page, except those that already contain your signature. The key requirement is that you must declare before two competent adult witnesses that the document represents your will, and then sign it in their presence. If you are physically unable to sign, another person may sign on your behalf, under your instructions and in front of the witnesses.
After your signature, the witnesses must immediately sign and initial each page of the will.
Important Legal Considerations
- You are not required to disclose the content of your will to the witnesses.
- A witness cannot also be a beneficiary; otherwise, their gift will be nullified, though the rest of the will remains valid.
- A will prepared by a lawyer is legally considered a witnessed will, and therefore requires validation after your death, even if it’s registered with the Quebec Bar's Register of Testamentary Dispositions.
Choosing a witnessed will gives you flexibility in how it’s prepared, but you must follow the formal signature and witness requirements to ensure it will be valid.
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