We receive so many questions on this same topic, so we wanted to provide some clarification on this very important matter.
Types of Québec Will
Three types of will are recognized under Québec law:
Many people have the misconception that this is the only type of Will available in Québec. Our most commonly asked questions are all related to the need to have a Will signed by a notary in order to make it a legal document. But this is just one way to prepare a legal Will in Québec. It is certainly not the only way.
A Notarial Will is 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. In other words, the Notary has been granted particular powers under the Provincial legal system, and specifically they have been granted the powers to take an oath. This means that a Notary can asked you to swear under oath in the same way as a courtroom, and when you swear under oath in the presence of a Notary, they can then attach a seal to the document to establish its validity.
Quebec Will Kit
We hope to provide you with some interesting articles on Will writing and estate planning. Please feel free to comment on anything that you find interesting.