Best Will & Testament Lawyers in Québec

About Will & Testament Law in Québec, Canada

In Québec, a will (also called a testament) is a legal document that sets out your wishes regarding the distribution of your property and the care of any minor children after your death. Québec is unique within Canada, as its laws are based on the Civil Code of Québec rather than the common law system. There are three types of wills recognized in Québec: notarial wills, holograph wills (handwritten by the testator), and wills made in the presence of witnesses. Residents of Québec benefit from specific legal protections and requirements that ensure wills reflect the intentions of their creators while also safeguarding the rights of heirs and dependents.

Why You May Need a Lawyer

Many people assume that preparing a will is straightforward. However, there are several reasons why seeking legal assistance is advisable:

• You own property, have significant assets, or possessions outside Québec or Canada.
• You have a blended family, minor children, or dependents with special needs.
• You wish to exclude someone from your will, or foresee potential disputes among heirs.
• You are unsure about the validity of your existing will or if it meets Québec's formal requirements.
• You want to ensure your will is properly interpreted and executed after your death.
• You need advice about appointing a liquidator (executor) or guardians for children.

A lawyer can help you navigate these complexities, draft a legally valid will tailored to your specific circumstances, and provide peace of mind that your wishes will be respected.

Local Laws Overview

Québec's laws regarding wills and estates are governed by the Civil Code of Québec. Key points include:

• Types of Wills: Notarial wills, holograph (handwritten) wills, and wills made in the presence of witnesses are all valid, but each type has different formal requirements.
• Notarial Wills: Created before a notary and a witness, these do not require probate and are considered the safest and most hassle-free option.
• Wills in Front of Witnesses: Must be signed by you in the presence of two qualified witnesses. They require probate after death.
• Holograph Wills: Must be entirely handwritten and signed by you. These also require probate after death.
• Minimum Age: You must be at least 18 years old (or married or emancipated) and of sound mind to make a will.
• Spouses: In Québec, spouses do not automatically inherit unless specified in the will (except for jointly-owned property with the right of survivorship, which is rare in Québec).
• Liquidator: The person who administers your estate must be named in your will or will be appointed by the heirs.
• Changes and Revocation: Wills can be changed or revoked at any time, provided you have legal capacity.
• Mandatory Provisions: Some rules protect family members or dependents, and debts and taxes must be paid before any inheritance is distributed.

Frequently Asked Questions

Is my will valid if I wrote it myself?

Yes, if the will is completely handwritten, signed, and dated by you (a holograph will), it is valid in Québec. However, it must go through probate to confirm its authenticity after your death.

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

Not necessarily, but consulting a lawyer ensures your will meets all legal requirements and is less likely to be challenged. Notarial wills, made with a notary, are considered the most secure.

Can I leave someone out of my will?

Yes, but certain dependents (like minor children or spouses receiving support) may have rights to claim a financial share or support from your estate despite your wishes.

What happens if I die without a will?

If you die intestate (without a will), Québec law determines who inherits your assets based on your family relationships. This may not reflect your personal wishes.

What is probate, and is it always required?

Probate is a legal process to verify the validity of a will. Notarial wills do not require probate, but holograph and witnessed wills do.

Can I update my will?

Yes, you can amend or revoke your will at any time as long as you remain of sound mind. It is recommended to review your will after major life changes.

Can I name anyone as my liquidator?

Generally, yes. You can choose any capable adult as your liquidator, but it is wise to select someone you trust who is willing and able to handle the responsibilities.

Are digital or online wills legally valid in Québec?

Québec law does not currently recognize electronic or online-only wills. Wills must be on paper and meet the requirements of one of the three legally accepted forms.

How do marriage or divorce affect my will?

Getting married after making a will does not automatically invalidate it. Divorce does not automatically revoke your will, but it may affect certain provisions, such as gifts to your ex-spouse. You should always update your will after such life events.

What if I own property outside Québec?

If you own assets in other provinces or countries, special considerations may apply. You may need additional wills or legal advice to ensure your wishes are respected internationally.

Additional Resources

For more help and information regarding wills and estates in Québec, consider these resources:

• Éducaloi - offers plain language information on legal topics, including wills and estates
• Chambre des notaires du Québec - regulates notaries and provides public resources
• Barreau du Québec - the provincial law society for lawyers
• Ministère de la Justice du Québec - official government information on succession and wills
• Local legal clinics and referral services - many communities offer free or low-cost legal information

Next Steps

If you need legal assistance for wills or estate planning in Québec, here is what you can do:

• List your assets, debts, family members, and your primary wishes for distribution
• Consider who you would trust to act as your liquidator or guardians for minor children
• Decide which type of will best suits your situation - notarial, witnessed, or holograph
• Contact a licensed notary or lawyer familiar with Québec estate law for personalized guidance
• Review and update your will if you have experienced a major life change such as marriage, divorce, or the birth of a child
• Store your will in a safe place, and ensure your liquidator and loved ones know where to find it

Planning your will is an important step in protecting your legacy and providing for your loved ones. Professional legal advice ensures your wishes are followed and your family is cared for according to your intentions.