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Oscar Fernandez GarciaNotary

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Wills

Making a will means deciding yourself what happens to your property rather than letting the law decide. The notary helps you express your wishes clearly, appoint a liquidator and, if you have minor children, provide for who will care for them.

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What a notarial will guarantees

Making a will means deciding yourself what happens to your property rather than letting the law decide. The notary helps you express your wishes clearly, appoint a liquidator and, if you have minor children, provide for who will care for them.

Probate is the procedure by which a court or a notary confirms, after death, that a non-notarial will is genuine and is indeed the last one. It is compulsory for holograph wills and for wills made before witnesses.

It takes several weeks and it costs money. According to Éducaloi it is an expensive step, on top of which lawyer’s fees may be added. Those costs come out of the estate, which means out of your heirs' pockets.

Meanwhile the estate is frozen: the property cannot be sold, accounts cannot be closed, nothing can be distributed. A notarial will escapes all of it because the formalities were already completed before a public officer at the time of signing.

What you should know

  • When to think about it

    You have never made a will. You have minor children and want to appoint a tutor. You live in a common-law relationship rather than a marriage. Your situation has changed: separation, new relationship, a birth, a death in the family. You own property outside Québec.

  • The notary’s role

    A discussion of your family and financial situation. An explanation of what each option would mean in practice. Drafting in terms that leave no room for interpretation. Appointment of the liquidator and, where applicable, of a tutor for minor children. Permanent safekeeping of the original and entry in the register.

  • No probate after death

    A notarial will is executed before a notary, kept permanently and entered in the Register of Testamentary Dispositions. Unlike a holograph will or a will made before witnesses, it does not have to be probated by the court after death.

Useful questions

The answers that matter before you start

What happens if I have no will?

The law then determines who inherits and in what proportion. The outcome does not necessarily match what you would have wanted, particularly if you are in a common-law relationship.

Does my common-law partner inherit automatically?

As a rule no: in Quebec a de facto spouse is not a legal heir, no matter how many years you lived together, and with no will the estate goes to the children, the parents or the siblings. Since 30 June 2025 a narrow exception applies to spouses in a parental union (parents of the same child born or adopted from that date) who then take one third of the estate. Either way, a will remains the only means of going beyond what the law provides.

Is a handwritten will valid in Quebec?

Yes, if it is written out and signed entirely in your own hand: that is a holograph will. But it will have to be probated after your death by a court or a notary, which takes several weeks and costs money that comes out of your heirs' share.

Who inherits if I die without a will?

The Civil Code splits your property into fixed shares. Spouse and children: one third to the spouse, two thirds to the children. Spouse and parents, no children: two thirds to the spouse, one third to the parents. No spouse: everything to the children.

Can I change my will later?

Yes, at any time and as often as you like, as long as you are capable. A new will revokes the previous one. That is precisely why a will search is run on death: it is the last one that counts.

Do I need a will if I don’t own much?

A will does more than divide property. It appoints the liquidator who will handle the formalities, lets you name a tutor for minor children, and spares your family probate. None of those reasons depend on how much the estate is worth.

What happens if nobody finds my will?

The estate is settled as though there were none, under legal devolution. That is the risk specific to wills kept at home. A notarial will escapes it because the original stays with the notary and its existence is entered in a register.

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A fountain pen and glasses on a wooden desk.

The three forms of will recognized in Quebec

Québec law recognises three forms of will. A holograph will is written and signed entirely by hand, with no witness and no cost. A will before witnesses can be typed, and you sign it before two witnesses. A notarial will is prepared by the notary and signed before the notary and one witness: it is the only one that is an authentic act.

The difference does not show during your lifetime but at your death, and it is your heirs who bear it.

Where your will is kept and how it is found

The notary keeps the original (the minute) and gives you a copy: the original never leaves the office and cannot be lost or found too late.

Its existence is entered in the register of testamentary dispositions of the Chambre des notaires du Québec. At your death, your family carries out a will search in that register and in the Barreau’s, a step every estate has to take, because a more recent will changes everything.

Understanding more

The key aspects of your file

What happens if you die without a will

Without a will, the Civil Code decides (legal devolution), in fixed shares. With a married or civil-union spouse and children: one third to the spouse, two thirds to the children. Without children but with your parents: two thirds to the spouse, one third to the parents. Without children or parents but with brothers and sisters: two thirds to the spouse, one third to them. Without a spouse, everything goes to the children.

None of it can be negotiated: a relative or an organisation you wanted to help does not exist in the eyes of the law.

A de facto spouse does not inherit, except in a parental union

In Québec, a de facto spouse is not a legal heir, however long the couple has lived together. Without a will, the estate goes to the deceased’s children, parents or brothers and sisters.

Since 30 June 2025, a narrow exception applies to de facto spouses in a parental union: parents of the same child born or adopted from that date, who live together and present themselves publicly as a couple. The surviving spouse then receives one third of the estate, and the children two thirds.

The will remains decisive: outside a parental union, it is the only way to name a de facto spouse as heir; within one, it is the only way to go beyond one third.

What a will does beyond naming heirs

A will also names the liquidator of the estate: without one, all the heirs together are liquidators and must agree on every step.

It lets you appoint a tutor for minor children, make specific legacies, organise the transfer of a business or an income property, provide for an heir who dies before you, and take tax into account, since death triggers a deemed disposition of property.

What determines the cost

There is no mandatory tariff in Quebec. Fees, governed by the Code of ethics of notaries, depend on the time, complexity and work involved (a business, a trust, a blended family). The amount is set out for you before any work begins.

The real comparison is between what a notarial will costs today and what probate will cost your heirs, along with the delays during which the estate stays blocked.

General process

  1. Meeting

    We review your family, your property and your wishes.

  2. Draft

    A draft will is given to you and explained.

  3. Adjustments

    You take the time to read it over and ask your questions.

  4. Signing

    The will is read, signed and entered in the register.

Before the meeting

Documents to prepare

Depending on your situation, other documents may be useful. This list is indicative and will be refined at the meeting.

Preparing your will
  1. Valid identification.
  2. The names and contact details of the people you wish to appoint.
  3. A summary list of your assets and debts.
  4. Any earlier wills you have made.
  5. Documents relating to your family situation, where applicable.

Official sources

This page provides general information and does not constitute legal advice. Each situation must be assessed individually.

Next step

A question about your file?

Write to us or call the office. We will tell you which steps to follow and which documents to prepare.

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