TL;DR
LegalWills.ca fully supports Québec Wills, which follow the Civil Code of Québec rather than common law. Québec residents can create a notarial Will, a Will made in the presence of witnesses, or a holographic Will. Our service helps Québec residents create a legally valid Will made in the presence of witnesses, the most practical and affordable option.
Originally published: August 2, 2020 | Last updated: August 27, 2025
Yes. LegalWills.ca now fully supports the creation of legal Wills for residents of Québec. Québec operates under the Civil Code of Québec, a legal framework fundamentally different from the common law system used in every other Canadian province and territory. This means Wills prepared in Québec must comply with specific rules that do not apply elsewhere in Canada. Our service has been specifically adapted to meet these requirements.
What Makes Québec Will Law Different From the Rest of Canada?
Québec is the only Canadian province governed by the Civil Code rather than common law. The Civil Code of Québec (CCQ) is a comprehensive statute that codifies private law, including succession law. Every other province follows common law principles derived from English legal tradition, where court decisions and precedent play a central role. In Québec, the written code is the primary source of law.
This distinction affects nearly every aspect of estate planning, from who can inherit property, to how a Will must be signed, to what happens if someone dies without a Will. The terminology, the required formalities, and the default rules of succession are all different in Québec.
How Is a Québec Will Structured Differently?
Under the Civil Code of Québec, a Will must follow specific structural and procedural rules depending on its type. Key structural differences include:
- Liquidator vs. Executor: In Québec, the person who administers the estate is called a “liquidator,” not an executor. The liquidator has specific duties defined by the CCQ, including paying debts, filing tax returns, and distributing assets to heirs.
- Tutor vs. Guardian: Québec uses the term “tutor” rather than “guardian” for the person appointed to care for minor children.
- Usufruct: Québec law recognizes usufruct, the right to use and enjoy someone else’s property without owning it. This concept does not exist in common law provinces and is frequently used in Québec estate planning.
- Forced heirship rules: While Québec does not have strict forced heirship like some European civil law jurisdictions, the CCQ provides specific protections for surviving spouses through the family patrimony rules, which override the terms of a Will.
- Matrimonial regimes: Québec’s matrimonial regime system (community of property, partnership of acquests, or separation of property) directly affects what assets form part of the estate and what belongs to the surviving spouse.
What Are the Key Differences in Québec Wills?
Several specific rules distinguish Québec Wills from those in other provinces:
- No requirement for an Affidavit of Execution: In common law provinces, Wills typically require an affidavit from a witness confirming proper execution. Québec does not require this.
- Witness requirements vary by Will type: A Will made in the presence of witnesses requires two witnesses. A notarial Will requires a notary and one witness (or two notaries). A holographic Will requires no witnesses at all.
- Probate is often unnecessary: Notarial Wills in Québec do not need to go through probate (called “verification” in Québec). Wills made in the presence of witnesses and holographic Wills must be verified by the court before they can be executed.
- Family patrimony: The family patrimony rules require an equal division of certain assets (family residences, furniture, vehicles, pension plans) between spouses, regardless of what the Will states.
- Revocation rules: In Québec, marriage does not automatically revoke a Will, unlike in several common law provinces.
What Are the Three Types of Québec Wills?
The Civil Code of Québec recognizes exactly three types of Wills:
| Type | Requirements | Probate Required? | Cost |
|---|---|---|---|
| Notarial Will | Prepared by a notary, signed before a notary and one witness (or two notaries) | No | $800–$1,500+ |
| Will Made in the Presence of Witnesses | Written or typed, signed by the testator and two witnesses | Yes (verification) | $49.95 (via LegalWills.ca) |
| Holographic Will | Entirely handwritten and signed by the testator, no witnesses needed | Yes (verification) | Free |
The notarial Will is the gold standard in Québec. A licensed notary from Quebec’s civil law system creates this document which becomes part of the notary’s files and receives official registration through the Chambre des notaires du Québec. Because it is a public document, it does not require probate, which can save the estate significant time and money.
LegalWills.ca provides the service to create Wills which people can make while witnesses watch them sign the document. The document needs to be typed or printed and the testator must sign it while two witnesses sign in front of the testator. The most practical and cost-effective option for most Québec residents.
The testator needs to write the entire Will by hand when creating a holographic Will and they must sign it. No witnesses are required. The basic structure makes this document simple but it stands as the most common target for legal attacks and documentation mistakes.
How Do You Create a Legal Will in Québec Using LegalWills.ca?
The process of making a Will in Québec becomes easy when you use LegalWills.ca. The process takes approximately 20 minutes and produces a legally valid Will made in the presence of witnesses. Here is how it works:
- The system activates its legal framework for Québec when users select Québec as their province choice.
- Answer guided questions, You will be asked about your family situation, assets, beneficiaries, liquidator appointment, and any specific wishes (such as funeral preferences or charitable bequests).
- The system creates a full Will document which follows the Civil Code of Québec through its use of proper legal vocabulary including terms like liquidator and tutor and usufruct.
- Print, sign, and have two witnesses sign, To make the Will legally valid, you must print the document, sign it, and have two witnesses sign in your presence.
- Store your Will safely. Keep the original in a secure location and inform your liquidator of its location. You can also register your Will with the Canada Will Registry.
Do Québec Residents Need a Power of Attorney?
A mandate of protection stands as the official power of attorney document which people in Québec use to replace their incapacity mandates. The document allows you to select someone who will handle your financial matters and personal care needs when you lose your ability to make decisions. LegalWills.ca enables Quebec residents to create a mandate of protection through their service.
A mandate of protection needs to receive either notarization or witness testimony from two people who must be present at the time of document creation. The document needs court approval through homologation to become effective when it lacks notarization which follows the same process as Will verification.
Frequently Asked Questions About Québec Wills
Is a Will written in English valid in Québec?
Yes. There is no language requirement for Wills in Québec. Wills can be created using English or French or any language you choose to write in. The French translation becomes necessary for practical reasons when people need to work with Québec institutions.
Does marriage revoke a Will in Québec?
No. The Quebec legal system prevents marriage from automatically canceling any existing Will which people create before marriage. The legal process of divorce removes all Will provisions which would have provided benefits to the former spouse.
Can I disinherit my spouse in Québec?
You can exclude your spouse from your Will, but you cannot override the family patrimony rules. The family patrimony system creates an equal distribution of specific assets which include family homes and furniture and vehicles and registered retirement savings and pension plans between spouses regardless of what the Will says.
What happens if I die without a Will in Québec?
The Civil Code provides rules to distribute your assets when you pass away without creating a Will in Québec. The rules differ from common law provinces. The surviving spouse receives one-third of the estate while children receive two-thirds of the estate. The children receive the entire estate when the surviving spouse does not exist.
How much does a Will cost in Québec?
A notarial Will typically costs between $800 and $1,500 or more. A Will made in the presence of witnesses through LegalWills.ca costs $49.95. A holographic Will is free but must be entirely handwritten.
Where should I store my Québec Will?
The original Will needs to be stored in a location which provides both security and easy access through fireproof safes or safety deposit boxes. Inform your liquidator of its location. You can register your Will with the Canada Will Registry to ensure it can be found. Notarial Wills are automatically registered with the Chambre des notaires du Québec.
Tim Hewson is one of the founders of LegalWills.ca.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets including CTV, Global News, The Toronto Star, and other leading Canadian publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
