Is this different to a Canadian Will Kit? Yes. The laws of Québec are very different from the rest of Canada. If you have assets in the Province of Québec, or are a resident of Québec, then you should not use a generic Canadian Will Kit. The kit available from this website is specifically written to comply with the laws of Québec.
Is the Will kit legal? Yes. In Québec, the document becomes a legal Will as soons soon as it is signed in the presence of two witnesses.
How do I make my completed forms legal? To make the document a legal Last Will and Testament, you must sign it in the presence of two witnesses who are adults of sound mind who have nothing to gain from the contents of the Will. There is no requirement for the witnesses to be notaries or lawyers, just any two independent adults.
Do my forms have to be notarized? There are three different types of Will in Québec; a handwritten (or holographic) Will, a notarial Will which is signed in the presence of a notary, and a "Will made in the presence of witnesses". This kit allows you to create the third type which means that there is no requirement to have the document signed by a notary public.
Who can be a witness? Any two adults who have nothing to gain from the contents of the Will can be witnesses to the signing. We would not recommend that a beneficiary (legatee) or any family member of a legatee serve as the witness to the signing of the document. You can choose friends, neighbours or colleagues at work.
How long does it take to prepare a Will? The kit comes with a 24 page step-by-step guide that explains each part of the process. Once you have decided on some of the key appointments, for example, the Executor, then the Will can be completed in about 20 minutes. You would then print and sign the document to make it a legal Will.
Is the Will kit suitable for me? The Québec Will Kit is suitable for straightforward situations. There are certain circumstances where would you recommend that you do not use this kit. These include;
You are involved in a matrimonial dispute or wish to disinherit dependents
You have a history of mental illness
If you have complicated business investments
If you need to provide for the long term care of a dependent e.g. a child with special needs
If you are resident outside of Québec.
If you have any doubts, please email us using the contact us form and we will be able to provide guidance.