What types of wills are valid in Quebec?

There are three types of wills recognized and valid in Quebec: the holograph will, the will before witnesses and the notarial will.

Holograph Will:

A holographic will is a document entirely written and signed by the testator.

It can be very simple, made at any time and costs nothing. It is therefore very useful before going on vacation.

However, it must be kept in a safe place to prevent it from being lost or destroyed and it must be verified by the Court in order to be enforceable against third parties with respect to its form, which involves costs and delays.

Will before witnesses:

A will made in the presence of witnesses is signed before two witnesses together simultaneously.

It can be handwritten or typed on the computer and it must be printed and signed to be valid.

Its cost can particularly be very attractive when it is not made through a legal adviser, but instead using an online custom template drafted by legal experts. This approach also allows you to make changes to your will throughout your life at a lower cost.

However, it must be kept in a safe place to prevent its loss or destruction and it must be verified by the Court in order to be enforceable against third parties with respect to its form, which costs money and time.

Notarial Will:

A notarial or notarized will is drafted and read by a notary.

It is easily traceable, since the notary keeps the original in his records and must record the basic information of any will in the Register of Wills of the "Chambre des Notaires du Québec", which eliminates the risk to loose it, bypass it or destroy it.

Upon your death, your heirs will not have to have the notarial will verified by the Court, which facilitates its implementation upon the death.

However, you must travel to meet a notary and legal counsel and, therefore, pay legal fees as much for a first will as for the amendments you wish to make thereafter.