Know your three options

Under article 712 of the Civil Code of Québec, there are exactly three forms of Will: the notarial Will, the holograph Will, and the Will made in the presence of witnesses. Our service prepares the third one. Before you choose, we want you to understand all three: what each costs now, what each asks of your family later, and which one fits your situation. Our goal is not to talk you out of visiting a notary. For many people a notarial Will is an excellent choice. Our goal is to make sure that whichever form you choose, you choose it with full knowledge.

 

Comparing the three forms of Will

  Notarial Will Holograph Will Will made in the presence of witnesses
Who prepares it A notary, based on your wishes (Civil Code, article 716) You, entirely in your own handwriting (article 726) You, or someone else for you, by hand or by computer (article 727). This is the form our service prepares.
Formalities to sign Read and signed before the notary and a witness Written entirely by hand and signed by you. No witnesses, no technical means. Declared and signed before two adult witnesses, who sign in your presence. Everyone initials every page (article 728).
Typical upfront cost Professional fees, typically several hundred dollars or more Free Free to low cost if self-prepared, including with our service
Verified by a court or notary after death? No. A notarial Will is an authentic act. This is the only form that skips verification. Yes. Verification is required, usually about $1,500 in total with professional help. Yes. Verification is required, usually about $1,500 in total with professional help.
Registered in an official registry? Yes, automatically, in the registry of the Chambre des notaires du Québec No. Keep the original safe and tell your liquidator where it is. Not automatically. Wills prepared by a lawyer can be registered with the Barreau du Québec. Keep the original safe and tell your liquidator where it is.
Good to know Includes personalized legal advice from the notary Simple, but easy to lose and easy to get wrong without guidance Affordable and easy to update; the signing formalities must be followed carefully

Sources: Civil Code of Québec, articles 712 to 730.1, and Éducaloi, Understanding Your Options: 3 Types of Wills.

 

What our service prepares (and what it does not)

Our MyWill™ service prepares a Will made in the presence of witnesses under article 727 of the Civil Code of Québec, using the correct Québec legal terminology: your estate is a "succession", you appoint a "liquidator" rather than an executor, your gifts are legacies to "legatees", and a "tutor" can be named for minor children. The attestation clause in the document refers to articles 727 and 728 of the Civil Code, and your documents come with a step-by-step Québec signing checklist. Our Québec documents are reviewed by Jonathan Lazare, a Québec legal professional.

We are not notaries and we do not provide legal advice. We do not prepare notarial Wills (only a notary can) or holograph Wills (you write those entirely by hand yourself). If your situation calls for a notarial Will, we would rather tell you now: see Is an online Will right for you? below.

 

What happens after a death: verification

A Will made in the presence of witnesses must be verified after you die (in French, "vérification"). Your liquidator (or another interested person) presents the Will to the Superior Court of Québec, or asks a notary to verify it. The application includes the original Will, proof of death, and a sworn statement from one of your witnesses. The process usually takes several weeks. The court filing fee is a flat amount, and with professional help the total cost is usually about $1,500 (source: Éducaloi).

Verification exists to protect you: it is how Québec confirms that the Will is genuine and validly made. It is a normal, expected step for this form of Will, and your succession pays for it once, at settlement time. A notarial Will does not need verification, because a notary is a public officer and the Will is an authentic act. That is a real advantage of the notarial Will, and part of what you pay a notary for. Our role is to make sure that if you choose a Will made in the presence of witnesses, you choose it with full knowledge, and sign it correctly.

 

Is an online Will right for you?

A notarial Will may serve you better if: you have a blended family; you own a business, farmland, or property outside Québec; someone who depends on you needs long-term protection; you expect your wishes might be contested; or you want your succession to skip the verification step entirely. A notary also gives you personalized legal advice, which no online service can. The Chambre des notaires du Québec can help you find a notary.

A Will made in the presence of witnesses, prepared online, may fit you well if your wishes are straightforward, you are comfortable following a clear signing checklist with two witnesses, and you want an affordable document that you can update easily as life changes.

Not sure? Our short questionnaire asks about your situation and gives an honest recommendation, in either direction.

Take the two-minute questionnaire

 

How signing works in Québec

The formalities for a Will made in the presence of witnesses are strict, and we take them seriously. In summary:

  • You declare before two witnesses that the document is your Will, and sign it at the end.
  • Both witnesses must be adults of sound mind. A witness cannot be a legatee (someone who receives something in the Will), and cannot be the spouse of a legatee. Under Québec law a gift left to a witness is void, so choose neutral witnesses.
  • The witnesses sign immediately, in your presence and in each other's presence.
  • You and both witnesses initial every page (article 728).
  • Keep a record of each witness's full name, address and telephone number with your Will. One of them will provide a sworn statement at verification time.

Your documents come with a detailed Québec signing checklist covering each of these steps.

 

Frequently asked questions

Is an online Will legal in Québec?

Yes. A Will prepared online and signed correctly is a Will made in the presence of witnesses, one of the three forms recognized by article 712 of the Civil Code of Québec. Éducaloi, a respected Québec legal education organization, confirms that model and online Wills are valid in Québec when the formalities are followed. The formalities matter: follow the signing checklist carefully.

Which of the three forms does your service prepare?

The Will made in the presence of witnesses (article 727). We do not prepare notarial Wills or holograph Wills.

Will my family have to go to court?

There is one required step: verification. Your liquidator presents the Will to the Superior Court of Québec or to a notary, with a sworn statement from one of your witnesses. It usually takes several weeks and, with professional help, usually costs about $1,500 in total. It is a normal step for this form of Will, not a sign of a problem. A notarial Will skips this step.

Why is my Will not in the Québec Wills registry?

Notarial Wills are registered automatically with the Chambre des notaires, and Wills made by a lawyer can be registered with the Barreau du Québec. A Will you make online is not registered automatically. It is still valid, but keep the original somewhere safe and make sure your liquidator knows where it is. Your heirs will still request registry searches when settling the succession; a Will that is not registered simply will not appear there.

Who can be a witness?

Two adults of sound mind. A witness cannot be a legatee and cannot be the spouse of a legatee. Under Québec law a gift left to a witness is void even though the rest of the Will stands, so choose neutral witnesses: neighbours, colleagues, friends who inherit nothing.

Should I just go to a notary instead?

For many people a notarial Will is the better choice, and we would rather you know that now. For many others, a Will made in the presence of witnesses is a valid, affordable option that you can update easily as life changes. Our short questionnaire helps you decide; it does not push you either way.

Can I do everything in French?

Yes. Our service is fully available in French, including your documents, the signing checklist, and support: see Testaments au Québec.

What about a protection mandate or medical directives?

In Québec, our MyLivingWill™ service prepares a Protection Mandate (mandat de protection). Detailed advance medical directives can also be recorded with the Québec government's own form, which we encourage you to consider in addition. Our MyPowerOfAttorney™ service prepares a power of attorney that operates while you are capable.

 

Sources and further reading

This page is general information about Québec law, not legal advice.