We Now Support Québec Wills made in the Presence of Witnesses

Originally published: August 2, 2020 | Last updated: August 27, 2025

LegalWills.ca now supports the creation of Québec Wills made in the presence of two witnesses, one of the legally recognized forms of creating a Will under Québec law.

Unlike the rest of Canada, which operates under the common law system, Québec follows the Civil Code of Québec. As a result, Wills created by Québec residents must comply with unique legal requirements that may not apply in other provinces and territories.

Our service has been adapted to help Québec residents create a Will in the presence of two witnesses that reflects these distinct legal requirements, making it easier to prepare a Will in accordance with Québec law.

What Makes Québec Will Law Different From the Rest of Canada?

Québec is the only Canadian province governed by a civil law system rather than common law. The Civil Code of Québec (CCQ) is a comprehensive statute that governs private law, including successions. In the rest of Canada, estate law is based on common law principles derived from English legal tradition, where judicial decisions and precedent play a significant role. In Québec, the CCQ is the primary source of law.

This distinction affects many aspects of estate planning, including how a Will is prepared and signed, what happens if someone dies without a Will, and how an estate is administered in Québec. The legal terminology, formal requirements, and default succession rules in Québec differ in important ways from those found elsewhere in Canada.

As a result, a Will prepared for use in Québec must be designed to comply with Québec’s unique legal framework and cannot simply rely on the rules that apply in other provinces.

How Is a Québec Will Structured Differently?

Under the CCQ, a Will must follow specific structural and procedural rules depending on its type. Some key points include:

• Liquidator vs. Executor or Estate Trustee: In Québec, the person who administers the estate is called a “liquidator,” not an executor or estate trustee. The liquidator has specific duties defined by the CCQ, including paying debts, filing tax returns, and distributing assets to heirs. The specific rules on the designation and responsibilities of the liquidator can be found in Book Three (Successions), Title Five (Liquidation of Successions), Chapter II (Liquidator of the Succession), Division I (Designation and Responsibilities of the Liquidator), of the CCQ.
• Tutor vs. Guardian: Québec uses the term “tutor” rather than “guardian” for the person appointed to care for minor children. That said, a Will created in accordance with Québec law will refer to “tutorship for minors” as opposed to “guardianship for minors”.
• Verification Requirements Differ by Will Type: Unlike a Notarial Will, which does not require verification after death, a Will made in the presence of two witnesses must generally go through a verification process before it can be administered. To facilitate this process, it is advisable for one of the witnesses to complete an Affidavit of Execution confirming that the Will was properly signed and witnessed. While the affidavit is not part of the Will’s legal validity, it can help simplify and expedite the verification process.
• Witness Requirements Depend on the Type of Will: For a Will made in the presence of two witnesses, Québec law requires two witnesses who are of full age, have legal capacity, and are not beneficiaries under the Will. In other words, a witness should not stand to inherit from the estate. By contrast, a notarial Will is executed before a notary and either one witness or a second notary, while a holographic Will is written entirely by the testator and does not require any witnesses.

What Are the Three Types of Québec Wills?

The CCQ recognizes 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+* (*costs vary depending on the notary and the complexity of your planning needs)
Will Made in the Presence of Witnesses	Written or typed, signed by the testator and two witnesses	Yes (verification)	$49.95 + taxes (via LegalWills.ca)
Holographic Will	Entirely handwritten and signed by the testator, no witnesses required	Yes (verification)	Free

The Notarial Will is the “gold standard” and most formal type of Will in Québec. It is prepared by a licensed notary under Québec’s civil law system and is executed before the notary, often with one witness or, in some cases, a second notary. Once completed, the original Will is kept in the notary’s records and registered in the Register of Wills and Mandates of the Chambre des notaires du Québec. Because a Notarial Will is an authentic act, it does not require court verification after death, which can simplify and expedite the estate settlement process. *LegalWills.ca does not support the creation of Notarial Wills.

A Will made in the presence of two witnesses is a valid and widely used option in Québec. It must be typed or printed and signed by the testator in the presence of two witnesses, who also sign the document in the testator’s presence. This type of Will can be prepared without a notary and is often a more accessible and lower-cost option, though it requires a verification process after death before it can be used to administer the estate.

A Holographic Will must be written entirely by the testator in their own handwriting and signed by them. It does not require witnesses or a notary. While it is the simplest form of Will to create, it also tends to be more vulnerable to issues of interpretation or formal validity and, like a witnessed Will, requires verification before it can be administered.

How Do You Create a Legal Will in Québec Using LegalWills.ca?

Creating a Will in Québec with LegalWills.ca is designed to be straightforward and can be completed at your own pace, from the comfort of your home or other location of your choice. The platform generates a Will made in the presence of two witnesses, one of the legally recognized forms of Will under Québec law.

So, how do you create a Will in the presence of two witnesses on the LegalWills.ca platform?

Step 1: Answer guided questions
This is the step where you move through the LegalWills.ca platform and answer a series of guided questions about your situation. You will be asked to provide information about your family, beneficiaries, assets, your choice of liquidator, and any specific wishes such as funeral instructions or charitable bequests.

Step 2: Generate your Will document and review
As you complete the questionnaire and select Québec as your province, the system applies Québec-specific rules and terminology consistent with the CCQ. Once you have finished entering your information, the system generates a Will document based on the answers you have provided using Québec-appropriate legal terminology, including concepts such as liquidator, tutor, or other civil law concepts. You are responsible for carefully reviewing the generated document to ensure it accurately reflects your wishes and intentions before proceeding to Step 3. This review step is important to confirm that all information is correct and complete.

Step 3: Print and sign the Will
To complete execution, you must print the document and sign it in the presence of two witnesses, who must also sign in your presence. This step is required for a Will made in the presence of two witnesses to be valid under Québec law.

Step 4: Store your Will safely
Keep the original document in a secure and accessible location, and make sure your liquidator knows where it is stored. You may also choose to register the existence of your Will with the Canada Will Registry.

Unlike a Notarial Will, a Holographic Will and a Will made in the presence of witnesses must undergo a verification process after the testator’s death. This process, carried out by a notary or the Superior Court, confirms that the Will is valid and can be used to administer the estate. More information on the verification process can be found here.

Do Québec Residents Need a Power of Attorney?

In Québec, the document used to plan for future incapacity is called a Mandate of Protection. Similar in purpose to a Power of Attorney for Personal Care or an Enduring Power of Attorney in other provinces, it allows you to appoint one or more trusted individuals to make decisions on your behalf if you become incapable of managing your affairs.

A Mandate of Protection can include instructions regarding the management of your property, financial affairs, personal care, and healthcare decisions. LegalWills.ca allows Québec residents to create a Mandate of Protection that reflects their wishes and circumstances.

A Mandate of Protection may be executed before a notary or signed before two witnesses. If the mandate is not notarized, it must generally be homologated by the court after incapacity has been established before it can take effect. The homologation process confirms both the person’s incapacity and the validity of the mandate, allowing the appointed representative to begin acting on their behalf.

Frequently Asked Questions About Québec Wills

Is a Will written in English valid in Québec?

Yes. Québec law does not require a Will to be written in French. A Will may be prepared in English, French, or any language understood by the person making it.

However, if an English-language Will must be presented to a court, notary, financial institution, or other organization during the administration of an estate, a French translation may be requested. For this reason, some Québec residents choose to prepare their Will in French or keep a certified translation available for future use.

Does marriage revoke a Will in Québec?

No. In Québec, marriage does not automatically revoke or invalidate an existing Will. A Will made before marriage generally remains in effect unless it is amended or replaced. Divorce, however, can affect certain provisions of a Will. In many cases, gifts to a former spouse and appointments made in their favour may cease to have effect following a divorce, subject to the applicable provisions of Québec law.

Can a spouse be excluded from a Will in Québec?

A Will may provide that a spouse does not inherit from the estate. However, the distribution of an estate in Québec is also affected by family patrimony rules, which operate independently of the Will. These rules may entitle a spouse to a share of certain family assets, including the family residence, household furnishings, family vehicles, and certain retirement and pension benefits, regardless of the terms of the Will.

What happens if I die without a Will in Québec?

If a person dies without a Will in Québec, their estate is distributed according to the rules set out in the CCQ (Book III (Successions), Title III (Legal Devolution of Successions). These rules determine who inherits and in what proportions, based on the deceased person’s family situation.

For example, when a deceased person is survived by a married or civil union spouse and children, the spouse generally inherits one-third of the estate and the children inherit the remaining two-thirds. If there is no surviving spouse, the children generally inherit the entire estate.

Different rules apply when there are no children, no spouse, or other surviving relatives. Because the distribution is determined by law, the outcome may differ from what the deceased person would have chosen in a Will.

How much does a Will cost in Québec?

The cost of a Will in Québec depends on the type of Will being created.

A Notarial Will, prepared and executed before a Québec notary, typically costs several hundred dollars and may exceed $1,000 depending on the complexity of the estate and the services provided.

A Will made in the presence of two witnesses can often be created at a significantly lower cost. Through LegalWills.ca, Québec residents can create this type of Will for $49.95, then print and sign the document in the presence of two qualified witnesses.

A Holographic Will does not require a notary or witnesses and therefore has no direct preparation cost. However, it must be written entirely in the testator’s handwriting and signed by the testator to be valid under Québec law.

Each type of Will has its own formal requirements, advantages, and estate administration considerations, including whether verification may be required after death.

Where should I store my Québec Will?

The original Will should be stored in a secure location where it will be protected from loss or damage and can be readily located when needed. It is important that your liquidator knows where the original document is kept and how to access it.

Many people choose to store their Will at home in a secure location or with a trusted professional. Whatever location you choose, the key consideration is that the original Will can be found and accessed after your death.

You may also choose to register the existence and location of your Will with the Canada Will Registry. In Québec, Notarial Wills are recorded in the Register of Wills maintained by the Chambre des notaires du Québec, making them easy to locate during the estate settlement process.