Our Québec Will kit has been developed after ten years experience in the estate planning business. We have created a downloadable step-by-step guide and an interactive, downloadable form that allows you to prepare a custom Will, personalized to your situation. Once signed in the presence of two witnesses, you will have a fully legal Last Will and Testament, that complies with the Québec Civil Code.
In the Province of Quebec, there are three recognised ways of preparing your Will;
Using a lawyer or notary and creating a notarial Will:Made before a notary and at least one witness. This type of will is governed by strict formal requirements executed before a notary acting in his or her capacity as a public officer. As a result, it is usually of high quality and very difficult to contest. It is exempted from the formalities of probate. However it can be expensive and inconvenient to arrange an appointment with a Notary. It is also more difficult to keep updated when changes are required.
Writing your own Will in your handwriting - a holographic Will:
Handwritten entirely by the testator and signed by them, with no other formal requirements. However, the will must extremely clear and unambiguous, and the interpretation of the instructions in the Will are made by a judge during the probate of the will. This type of Will typically costs nothing, but they frequently contain errors or omit critical clauses.
Preparing a Will and signing it in the presence of two witnesses:
Will Made in the Presence of Witnesses: sometimes called a “Will following the form derived from the laws of England”. It must be signed by the testator before a minimum of two witnesses of full legal age, who must also sign the will. It is not required that the will be written by the testator; it can be drafted by another person. To be legally valid the testator must declare in the presence of the witnesses that the document effectively constitutes his or her will.
Our 24 page step-by-step guide and interactive form will allow you to create a legal Last Will and Testament that can be signed in the presence of two witnesses. There is no requirement to have this document notarized or signed by a Commissioner of Oaths (or Notaires) to make it legal.
Why you need a Will