TL;DR
Writing a Will in Québec is unique because Québec follows the Civil Code rather than common law. Key differences include three distinct Will types (notarial, witnessed, holographic), different terminology (liquidator instead of executor, tutor instead of guardian), no requirement for an Affidavit of Execution, family patrimony rules that override Will provisions, and a matrimonial regime system that affects asset ownership.
Originally published: January 20, 2021 | Last updated: September 24, 2025
Québec is the only Canadian province where Wills are governed by the Civil Code rather than common law. The Civil Code of Québec (CCQ) creates a fundamentally different legal framework for estate planning; affecting everything from how a Will is written and signed, to how estates are administered, to what happens when someone dies without a Will. If you live in Québec, your Will must comply with CCQ requirements to be valid. LegalWills.ca has been specifically adapted to create legally valid Québec Wills.
Why Does Québec Have Different Will Laws Than the Rest of Canada?
Québec’s legal system is rooted in French civil law, inherited from the period of French colonial rule. When Britain gained control of Québec in 1763, the Québec Act of 1774 preserved French civil law for private matters, including property, contracts, and succession (inheritance). Every other Canadian province adopted English common law.
The result is two parallel legal systems within Canada:
| Feature | Québec (Civil Code) | Rest of Canada (Common Law) |
|---|---|---|
| Legal source | Codified statute (CCQ) | Court precedent + statutes |
| Estate administrator | Liquidator | Executor |
| Child’s guardian | Tutor | Guardian |
| Will types | 3 types (notarial, witnessed, holographic) | Generally 1 standard form |
| Probate | Called “verification”, not required for notarial Wills | Generally required for all Wills |
| Affidavit of Execution | Not required | Required in most provinces |
What Are the Three Types of Wills in Québec?
The Civil Code of Québec (Articles 712–730) recognizes three, and only three, forms of Will:
- Notarial Will (testament notarié): Prepared and received by a Québec notary in the presence of one witness (or two notaries). The original is kept by the notary and registered with the Chambre des notaires du Québec. This is the only type of Will that does not require court verification (probate) after death. Cost: $800–$1,500+.
- Will made in the presence of witnesses (testament devant témoins): A written document (typed or handwritten) signed by the testator in the presence of two witnesses, who also sign. This is the type of Will created through LegalWills.ca. It requires court verification after death. Cost: $49.95 through LegalWills.ca.
- Holographic Will (testament olographe): Entirely handwritten and signed by the testator. No witnesses are required. It requires court verification after death. Cost: Free, but vulnerable to challenges.
No other form of Will is valid in Québec. A Will that does not meet the requirements of one of these three forms is null and void.
What Terminology Is Different in Québec Wills?
Québec uses distinct legal terminology that reflects its civil law tradition:
- Liquidator (liquidateur), The person who administers the estate, equivalent to an executor in common law. The liquidator’s duties are defined in Articles 783–835 of the CCQ and include identifying and paying debts, filing tax returns, and distributing the estate to heirs.
- Tutor (tuteur), The person appointed to care for minor children, equivalent to a guardian. Tutorship in Québec involves both the care of the child (tutorship to the person) and management of the child’s property (tutorship to property).
- Usufruct (usufruit), A legal right unique to civil law that allows one person to use and enjoy another person’s property without owning it. Commonly used in Québec estate planning to give a surviving spouse the right to live in the family home while preserving ownership for children.
- Patrimony (patrimoine), The totality of a person’s rights and obligations that have economic value. This concept is central to Québec succession law.
- Verification, The Québec equivalent of probate. Required for holographic Wills and Wills made in the presence of witnesses, but not for notarial Wills.
How Do Family Patrimony Rules Affect a Québec Will?
The family patrimony (patrimoine familial) is one of the most important, and most misunderstood, aspects of Québec estate planning. Established by the Civil Code, the family patrimony rules require an equal division of certain assets between married or civil union spouses, regardless of who owns them and regardless of what the Will says.
The family patrimony includes:
- Family residences (and rights that grant use of them)
- Furniture in the family residences
- Motor vehicles used for family travel
- Registered retirement savings (RRSPs, RRIFs)
- Pension plan benefits accumulated during the marriage
These assets are divided equally between spouses upon death or divorce, regardless of the Will’s provisions. You cannot use your Will to override the family patrimony rules. This means that even if your Will leaves everything to your children, your spouse is entitled to half the value of the family patrimony assets.
How Does the Matrimonial Regime Affect Estate Planning?
In addition to the family patrimony, Québec couples are subject to a matrimonial regime that determines how other assets are owned during and after the marriage. The three regimes are:
- Partnership of acquests (société d’acquêts): The default regime. Assets acquired during the marriage (acquests) are divided equally on dissolution, while assets owned before the marriage (private property) remain with the original owner.
- Separation of property (séparation de biens): Each spouse retains full ownership of all their own assets. Must be established by marriage contract before a notary.
- Community of property (communauté de biens): All property is jointly owned. This was the default regime before 1970 and still applies to some couples married before that date.
Understanding your matrimonial regime is essential for estate planning because it determines which assets actually form part of your estate and can be distributed by your Will.
What Happens If You Die Without a Will in Québec?
If you die intestate (without a Will) in Québec, the Civil Code prescribes a fixed distribution formula. The rules differ from common law provinces:
- Spouse and children: The surviving spouse receives one-third of the estate; the children share the remaining two-thirds equally
- Spouse, no children: The surviving spouse receives two-thirds; the deceased’s parents receive one-third
- Children, no spouse: The children share the entire estate equally
- No spouse or children: The estate passes to parents, then siblings, then more distant relatives according to the CCQ’s detailed rules of succession
These default rules may not reflect your wishes. A Will ensures your estate is distributed according to your instructions, not a generic statutory formula. Learn more about dying without a Will in Canada.
Frequently Asked Questions
Can I write my Québec Will in English?
Yes. There is no language requirement for Wills in Québec. A Will written in English is legally valid. However, a French translation may be required when dealing with some Québec institutions or courts.
Does my Québec Will need to be notarized?
No. Only a notarial Will requires a notary. A Will made in the presence of witnesses (such as one created through LegalWills.ca) and a holographic Will are both legally valid without notarization.
Is a Power of Attorney the same in Québec?
No. In Québec, the equivalent document is called a mandate of protection (formerly mandate in case of incapacity). It appoints a mandatary to manage your affairs if you become incapacitated. Learn more about the Power of Attorney in Canada.
Can I use LegalWills.ca to create a Will if I live in Québec?
Yes. LegalWills.ca fully supports Québec Wills. The service creates a legally valid Will made in the presence of witnesses, using the correct Québec legal terminology and complying with all Civil Code requirements.
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.
