Best Will & Testament Lawyers in Laval

Making a will in Laval: when legal help matters

In Laval, will-making follows Quebec civil law. You can make a notarial will with a notary, or use a holograph or witnessed will, but those other forms must be verified after death before the liquidator can rely on them.

A will lets you name beneficiaries and a liquidator, and can set out arrangements for minor children. It does not necessarily control jointly owned property, insurance proceeds, or registered-plan assets with a designated beneficiary.

Quebec law gives married and civil-union spouses certain rights separate from inheritance. A common-law partner does not inherit automatically under the intestacy rules just because of the relationship. A lawyer or notary can assess how family status, property ownership, and the terms of a will affect a particular situation.

When a lawyer or notary can help

• You have a blended family and want to provide for a current spouse or partner while also leaving assets to children from an earlier relationship.

• You live with a common-law partner in Laval and want to provide for them, since they do not inherit automatically under Quebec intestacy rules.

• You own a business, rental property, or assets outside Quebec and need to coordinate beneficiaries, ownership, and succession arrangements.

• You want to appoint a tutor for a minor child, or your proposed arrangements may affect another parent's rights or the child's interests.

• You anticipate disagreement among relatives, want to exclude a family member, or need to address a potential challenge based on capacity or undue influence.

• You have an existing will that may no longer reflect a change in family circumstances, property, or your wishes.

A notary is commonly retained in Quebec to prepare a notarial will. A lawyer can advise on succession issues and prepare other forms of will, but only a notary can receive a notarial will.

Quebec laws that apply to wills and successions

• Civil Code of Québec: In force since January 1, 1994, it sets the rules for making and interpreting wills, intestate succession, the liquidator's role, and family and inheritance rights.

• Code of Civil Procedure: In force since January 1, 2016, it governs court procedures, including verification of holograph and witnessed wills. Verification may also be done by a notary under the applicable rules.

• Notaries Act: This Quebec statute governs the notarial profession and notaries' authority to receive notarial acts, including notarial wills.

Quebec's rules distinguish a notarial will from a holograph or witnessed will. The latter forms generally require verification after death; a notarial will does not.

Frequently asked questions

Do I need a lawyer to make a will in Laval?

No. Quebec does not require you to hire a lawyer to make a will. Many people consult a notary, especially if they want a notarial will, while a lawyer may be useful for complex family, property, or dispute issues.

What is the difference between a notary and a lawyer for a will?

A notary can prepare and receive a notarial will, which does not require verification after death. A lawyer can provide legal advice and prepare other valid forms of will, but cannot receive a notarial will.

What types of wills are valid in Quebec?

Quebec recognizes notarial wills, holograph wills, and wills made in the presence of witnesses, subject to legal requirements for each form. Holograph and witnessed wills must generally be verified after the person's death before they can be acted on.

Does my common-law partner inherit if I die without a will?

Not automatically under Quebec's intestacy rules. If you want your common-law partner to inherit, make a valid will that clearly states your wishes.

Does a notarial will need probate or verification?

A properly made notarial will does not need to be verified after death. A holograph or witnessed will generally must be verified by a court or notary before the liquidator can use it to administer the succession.

What happens if I die without a will?

The Civil Code of Québec determines which relatives inherit and in what proportions. The result may not match your wishes, particularly if you have a common-law partner, a blended family, or relatives you want to provide for differently.

How much does it cost to make a will?

There is no single fee for every will in Laval. The cost depends on the professional, the form of will, and the complexity of your assets and instructions; ask for a written estimate before retaining someone.

How long does it take to prepare a will?

A straightforward will may be prepared after one or more meetings, once the professional has the necessary information. More time may be needed to review business interests, assets outside Quebec, family arrangements, or a prior will.

Who can make a will in Quebec?

A person must have the required legal capacity to make a will and understand the nature and effects of the document. Rules for minors are limited and can depend on the circumstances, so a minor should obtain legal advice rather than assume a will will be valid.

Can I name someone to care for my minor child in my will?

You may express your choice of a tutor for a minor child in a will. The appointment operates within Quebec's rules for tutorship and the child's interests, so it is not a substitute for advice about parental authority or a family dispute.

Can I use a will made outside Quebec?

A will made elsewhere may be recognized in Quebec depending on how and where it was made and the applicable conflict-of-laws rules. If you have moved to Laval or own property in more than one jurisdiction, ask a lawyer or notary to review it.

Official resources

• Ministère de la Justice du Québec: Provides government information about Quebec law, court services, and procedures relevant to successions and will verification.

• Chambre des notaires du Québec: Provides information about the notarial profession and a directory for finding a notary. Its registers can help locate a deceased person's will through the required search process.

• Barreau du Québec: Provides information about the legal profession and a directory for finding a lawyer authorized to practise in Quebec.

Steps to find and hire a wills and succession lawyer

1. Clarify your needs, within a few days. List who you want to benefit, who might serve as liquidator, and any concerns involving children, a business, property outside Quebec, or a possible dispute.

2. Gather key documents, over one to two weeks. Collect any existing will, a list of major assets and debts, ownership details, and relevant family information. Do not send sensitive documents until the professional explains how they will be handled.

3. Search official directories, in a day or two. Check the Barreau du Québec directory for lawyers and the Chambre des notaires du Québec directory for notaries serving Laval.

4. Contact two or three candidates, usually within a week. Ask whether they handle your type of matter, whether they recommend a lawyer or notary, and what information they need before an initial consultation.

5. Compare consultation terms and estimates. Ask what the fee includes, how additional work is billed, which form of will is proposed, and whether the professional will advise on your particular family and property circumstances.

6. Confirm the engagement before work begins. Review the written retainer or service agreement, confirm the scope and fee arrangement, and ask how the final will will be signed, stored, and located when needed.