Making a will can seem long and complicated. To simplify things, some companies and websites allow you to make a will online or use a model. But your will must always follow Quebec law. Before using an online tool to make your will, make sure you know the rules.
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Different ways to make your will online
There are several ways to make your will online. For example, you can create a personalized will through a website or follow a model.
Models of wills sold online or in stores
Models sold online or in stores are usually forms that guide you through writing a will. They say what specific things you should include in your will. Some models come with explanations to help you understand each point.
Writing your will with a website
Some websites have tools for writing personalized wills without having to consult a notary. Usually, you’ll answer general questions, followed by more specific questions, to generate a will.
For example, the tool might ask if you’re married or in another type of union, what province you live in, and whether you have children. You’ll also specify who you want to inherit from you after you die. The website will then generate a will based on your answers.
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Models of wills and online tools often suggest standard content. Depending on your situation and needs, these tools might not be ideal for you. This could be the case if you have a blended family, or many financial and real estate investments. Learn more about the different types of wills before deciding what to do. |
Your will must be valid in Quebec
If you use a model will or website to create your will, make sure it follows the rules for making a valid will in Quebec.
Models for people in Ontario, the United States or France won’t take Quebec law into account. This could make it harder for your loved ones to settle your estate after you die.
You must sign the will before two witnesses
In Quebec law, model wills and wills generated by websites are considered wills made in the presence of witnesses. If you make your will this way, you must sign it before two witnesses.
Your witnesses must also sign your will immediately after your signature. Plus, you and your witnesses must sign or write your initials on every page of your will.
Not following these rules can invalidate whole sections of your will, or even the will itself.
Your will must be “probated” (approved) after you die
Model wills and wills generated by websites must be probated by a court or notary after you die. The court or notary will check that the will is yours, and that it follows Quebec law. For example, they will check if you signed and initialed your will before two witnesses.
Probate can take several months and cost several thousand dollars. Costs include notary fees, court fees, and the cost of sending documents to your heirs.
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Consult a legal professional to get personalized advice Notaries and lawyers can give personalized advice on writing a will. This helps ensure your will includes everything you need, follows Quebec law, is adapted to your situation, and is written clearly and precisely to avoid any misunderstandings. If you write a will with a notary, your loved ones also won’t have to probate your will after you die. |