In Quebec, three forms of will are recognized by our Civil Code: the holographic will, the will before a witness and the notarial will. What form of will should you choose?
Each form of will has advantages and disadvantages. It is important to know them before choosing a form of will. The table below shows the different forms of will with their advantages and disadvantages.
As you will see, the notarial will is objectively the best option. And I am not just saying that because I am a notary. The only point to consider about the notarial will is that there are fees of a few hundred dollars. This investment is more than worthwhile for the advantages the notarial will will provide for you and your heirs.
Do you need to make a notarial will in Montreal? Contact Mtre Mona Salehi at 514-903-8560. You can learn more about my services at MonaSalehiNotaire.com.
Different forms of will recognized in Quebec
| Holographic will | Will before witnesses* | Notarial will | |
| Price for the testator | Free | Free
For a will prepared by a lawyer, lawyer’s professional fees and registration fees |
Notary’s professional fees and registration fees ($300 to $500)** |
| Advantages at signing of the will | Simplicity, all the testator needs is a paper and pen
Easily changed |
Simplicity, all the testator needs is a paper and pen
Easily changed If prepared by a lawyer, the will may be registered in the Register of Will of the Quebec Bar. It will therefore be possible to trace it. I recently had a case where the lawyer had not kept the original of the will, which was quite a problem for the estate! |
Analysis of your situation
Legal advice Written in precise unambiguous terms The will is kept in the notary’s fireproof vault The existence of the will is registered in the Register of Wills and Mandates of the Chambre des notaires du Québec. It will be easy to trace. |
| Disadvantages at signing of the will |
May contain illegal, void and/or inapplicable clauses May be confusing because of being poorly formulated |
May contain illegal, void and/or inapplicable clauses May be confusing because of being poorly formulated Must respect certain provisions for the selection of witnesses |
None |
| Advantages on the death of the testator | None | None |
Allows quick liquidation of the estate. Does not have to be verified or homologated Difficult to contest because the notary ensures the testator’s identity and capacity to make a will. |
| Disadvantages on the death of the testator |
May be lost, destroyed or concealed Easily challenged Absolutely must be verified before the Superior Court of Quebec or before a notary, which will cause delays (several weeks) and costs ($1,000 to more than $2,000) before liquidation of the estate can begin |
May be lost, destroyed or concealed Easily challenged Absolutely must be verified before the Superior Court of Quebec or before a notary, which will cause delays (several weeks) and costs ($1,000 to more than $2,000) before liquidation of the estate can begin |
None |
After reading this table you will be able to choose the form of will that will best suit you. I recommend that you discuss this with your loved ones and the people you may designate as heirs.
