what-will-forms-are-recognized-in-quebec

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.

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