A will is a legal document where you express your decision as to who will inherit of your wealth and what part of it will go to whom after you decease. If you do not draft up a will, the law decides who gets what and the rules can be found in sections 703 and following of the Civil Code of Quebec.

Any capable adult, described in the law as a person of full age and capacity, which means not under tutorship or curatorship, can draft up a will.

If you have been under tutorship, the will may have to be confirmed by the Courts. If you have been under curatorship, you can draft up a will but you cannot be helped by your ex-curator. If you are under curatorship, you cannot make a will because you are NOT capable by yourself, and your curator cannot help you for that matter. An underage person, commonly known as a minor person, can only will his wealth in case of death if the wealth is of little value.

There are three forms of wills and the choice is yours. They are holograph wills, wills before two witnesses, and notarial wills.

The holograph will is the simpler form of will. It doesn’t cost a penny and it may contain simply a few sentences. It must be hand written, NOT typed, dated and signed. You do not need witnesses. You write what you want.

A will before witnesses must be written by yourself, it may also be typed, but it must be drafted before two adult capable persons and they must be aware that this constitutes your last will and testament. All three must sign the document before each other. Warning: wills are subject to certain conditions that must be followed, and failure to respect these conditions the document may very well be declared void.

A notarial will must be drafted by a notary. It has certain clear advantages because it is an authentic act, it is registered and easy to locate by your inheritors after you decease. But it doesn’t come cheap, you must pay a notary.

Here is a link to the site of The Chambers of notaries.

It may very well be that your wedding or marriage contract or contract for your civil union may include a clause in case of death.

Wills can always be changed, at all times, which means that if such is your desire, you may draft up a new one.

You have the right to get help or advice to draft up your will. A will may have fiscal consequences, for example your RRSP and therefore you should think it’s important to get help from a jurist BEFORE you draft up your will. Do not hesitate to ask us information, we can help you.