Congratulations! You’ve decided to take the first step towards getting your will done in Quebec. Whether you’re making a will for the first time, or you’re updating an existing will, it can be an overwhelming process - especially because Quebec laws are different from the rest of Canada. In this article, we’re breaking down everything you need to know about notarial wills, a type of will that’s unique to Quebec.

What is a notarial will?

A notarial will is a specific type of will that has to be executed by a notary. You may have visited a notary if you’ve purchased a home - they are professionals who are licensed by the Chambres des Notaires, and in Quebec they have the power to draft and execute wills. 

Notarial wills are the most common type of will in Quebec because if you create a notarial will, your estate is not subject to probate. Probate is a time-consuming and in many cases expensive process which involves the courts declaring that a will is valid. Creating a notarial will may cost more now, but it saves your family time and money after you pass away.

Do I have to visit a notary to make a notarial will?

No. While a notarial will has to be executed by a notary (an appointment where they sign the will and register it with the Chambres des Notaires), it can also be drafted by a lawyer. 

Can I complete a notarial will online?

During emergency measures put in place due to COVID-19, the Chambres des Notaires allowed digital executions of notarial wills. Now, most notarial wills need to be done in person.

What is the price of making a notarial will in Quebec? 

If you visit a notary in your area, you can expect to pay anywhere from $350-$1,000+ for a notarial will (depending on where you live and the complexity of your situation).

What are my options if I don’t want to get a notarial will?

In Quebec there are a few other ways to make your will: 

  • You can handwrite your will on a piece of paper (called a holograph will)
  • You can use a paper will kit or purchase Willful’s $99 Will plan (will in front of witnesses)

In the examples above, the will you create is called a “will in front of witnesses” - it is a different type of will than a notarial will. The main difference is that a notarial will does not require probate, whereas any other type does require probate.

Learn more about different types of wills in Quebec →

Wait, what is probate again? 

Probate is the process of a will being accepted as valid by the court system. It is initiated by the will’s named liquidator, or any interested party, “applying for probate” to the Quebec court system. There’s a simple rule for whether probate is required: if you execute a notarial will, probate is not required. If you have any other type of will, probate is required.

The probate process is designed to confirm whether a will meets the formal requirements set out by the Quebec Civil Code. The Civil Code dictates that notarial wills are not subject to probate.

Are there any other benefits to having a notarial will?

Other than avoiding probate after you pass away, here are a few benefits of notarial wills: 

  • They cannot be lost or destroyed
  • They are registered with the Chambres des Notaires, so you don’t have to story a copy (although the notary will provide a certified copy for your records)
  • Your family will always be able to find and access the will when you pass away (which isn’t always the case if a will is stored in your filing cabinet at home)
  • Your liquidator can start administering the estate immediately vs. having to wait up to several months to receive a grant of probate
  • If you hire a lawyer to help with the probate process, it can cost up to $3,000 - a notarial will avoids these fees