Are you thinking about making a will but aren’t sure where to begin? Start by choosing what type of will works best for you. Here are your options: a holograph will (handwritten), a will made in the presence of witnesses or a notarial will.
|
This article in short:
|
Notarial will
A notarial will is prepared by a notary according to your wishes. During your first meeting with them, you will discuss the contents of your will. You can plan things like:
- the person who will be acting as your liquidator,
- your funeral arrangements,
- who will inherit from you.
During the second meeting, the notary will read you the will to make sure it aligns with your wishes. To be valid, the notarial will has to:
- be written in French or English,
- state the place and time it was signed,
- be signed by you, in the presence of the notary and your witness (or two witnesses in certain cases).
A notarial will offers many long-term advantages and very few disadvantages.
Advantages
Disadvantages
- This type of will is more difficult to challenge, because your notary must verify your identity and your consent while making sure that the will follows all legal rules.
- A notarial will doesn’t need to be probated after your death. This means your heirs can avoid hefty verification fees and long delays.
Probating fees are much higher than standard professional fees for preparing a will. They can exceed $1,500. - Your will is easy to locate after your passing. Your notary keeps an original copy of the will in an official registry. The French name for this registry is the ‘‘Registre des dispositions testamentaires de la Chambre des notaires du Québec’’.
- You will need to pay your notary’s professional fees, which typically total several hundred dollars.
Will made in the presence of witnesses
A will made in the presence of witnesses can be written by hand or on the computer. You can write it yourself or ask someone else to help you write it. For example, you could ask a lawyer. You can also use a will template purchased in-store or online.
|
Important! You can choose adults who have legal capacity as your witnesses. However, they cannot benefit from the will. For instance, they cannot be your heirs. |
Once your will is ready, you can sign it in the presence of your two witnesses. Then, both will sign it to confirm that it’s your will and your signature. The witnesses don’t usually need to read the will. However, if you can’t read it yourself, one of them must read it to you in the presence of the other witness.
If your will was handwritten, no other additional step is necessary. But if it was written by someone else or by computer, both you and your witnesses will have to initial or sign every page of the will.
There are several ways to prepare a will made in the presence of witnesses. This means it has different advantages and disadvantages based on if you decide to prepare it alone or with a legal professional’s help.
Advantages
Disadvantages
- If you write your will yourself, you won’t have fees to pay.
- If your will is prepared by a lawyer, a copy will be kept in an official registry. The French name for the registry is the ‘‘Registre des testaments du Barreau du Québec’’. The person in charge of settling your affairs will be able to find it easily.
- This type of will must be probated after your death. This can involve important delays for your heirs and fees that can exceed $1,500.
These amounts are usually much higher than the professional fees involved in preparing a notarial will. - Your will can get lost, destroyed or damaged.
- If you prepare the will yourself, you will not be able to benefit from the legal advice of professionals.
- If you ask for a professional’s help, you will have to pay their professional fees.
Holograph will
Two conditions have to be respected for your holograph will to be valid. First, the holograph will must be entirely handwritten and signed by you. Second, you cannot use a computer or any other technology to prepare it.
Even if it’s not mandatory, you can add the place where the will was signed. This information will be useful to your loved ones to determine if your will applies to your property in Quebec and if it’s your most recent will.
The holograph will has a few short-term advantages but it also has a couple of disadvantages for your heirs.
Advantages
Disadvantages
- The holograph will can be prepared anywhere and anytime.
- It won’t cost you anything.
- You won’t need witnesses.
- This type of will must be probated after your death. This can involve important delays for your heirs and fees that can exceed $1,500.
These amounts are usually much higher than professional fees that involve the preparation of a notarial will. - Your will can get lost, destroyed or damaged.
- If you prepare the will yourself, you will not be able to benefit from the legal advice of professionals.
Who can make a will?
You can make a will without any restrictions if you are 18 years old or over and have legal capacity. This means you understand what you are signing.
Are you under 18?
- If you’re a fully emancipated minor, you can write and sign your will as if you were an adult.
- You can still make a will if you’re not fully emancipated but only for items of little value.
Are you 18 or older, but under a tutorship or protection mandate ? You can make a will but the court will be deciding whether it’s valid or not.