Making a will in Quebec: the three forms
Making a will spares your loved ones difficult choices and long formalities. In Quebec, three forms are recognized: each has its rules, and a mistake in form can make the will void.
The essentials
In Quebec, a will is notarial, holograph (written entirely and signed by hand) or made before two witnesses. Only the notarial will does not need to be probated after death. Without a will, a common-law partner inherits nothing, unlike a married, civil-union or parental-union spouse.
The steps, in order
- 01
The notarial will
The notary drafts it with you and receives it in the presence of one witness. They keep the original and register it in the Chambre des notaires' Registry of testamentary dispositions. On death, it takes effect immediately, without probate: it is the form that saves your loved ones the most formalities, and it has a cost.
- 02
The holograph will
It must be written entirely and signed by your own hand: never on a computer or on a form. No witness is needed. A date is not compulsory, but it shows which will is the most recent if you make several.
- 03
The witnessed will
Handwritten or typed, by you or by someone who does not benefit from it. You declare before two adult witnesses that it is your will, without showing them its content, and you sign it. The witnesses sign right away and initial each page; none should have an interest in the will.
- 04
Name a liquidator
This is the person who will settle your estate: inventory, debts, distribution. Choose someone you trust, talk to them about it, and plan a replacement.
- 05
Register it and say where it is
A will that no one finds is useless. The notary automatically registers a notarial will; for a holograph or witnessed will, a notary or lawyer can register a notice of its existence with the Chambre des notaires or Barreau registry, at your expense. Also tell a trusted person where it is.
- 06
Review it when life changes
A union, a separation, a birth, buying a home, the death of an heir or of the liquidator: reread it, and redo it if it no longer reflects what you want.
Frequently asked questions
What happens on death with a holograph or witnessed will?
The heirs must have it probated by the Superior Court or a notary before they can use it, even if a lawyer drafted it. This probate has a cost and takes time, which a notarial will avoids.
Will my common-law partner inherit if I die without a will?
No. Without a will, the law gives nothing to a common-law partner, however long you lived together. Only a married, civil-union or parental-union spouse and the family inherit. To protect a common-law partner, you need a will.
Is a will made in France valid in Quebec?
A will valid where it was made can be recognized, but probate and the settlement of the estate depend on the country and the property involved. With property in two countries, a notary can tell you what to plan.
Can you change your will?
Yes, at any time, by making a new one. Date each will: that is how you know which one is the most recent.
Tell your loved ones where to find it
In Aïon, note where your will is kept and your notary's name, then name two trusted people: they will have access when the time comes.
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Official sources
- quebec.ca — Formes reconnues de testament
- quebec.ca — Testament notarié
- quebec.ca — Testament olographe
- quebec.ca — Testament devant témoins
- quebec.ca — Décès sans testament : procédure et règles
Updated on October 25, 2026. This guide summarises the usual steps; it does not replace advice from a notary, a lawyer or your country's authorities. How we write our guides