Wills Lawyer Lawyers

A wills lawyer can help you make a will that is valid under Quebec law, update it when your life changes, and make sure it will actually do what you want when the time comes. In Quebec, notaries prepare notarial wills, while lawyers draft wills made in the presence of witnesses and advise on the harder cases: blended families, business owners, the family patrimony and wills that someone may later dispute. Below, you can compare lawyers who handle wills and estates and book a consultation online.

Lawyer or notary: who can draw up your will in Quebec?

Only a notary can make a notarial will, which is the form many Quebecers choose. If that is what you want, and your situation is simple, a notary is usually the natural fit.

A lawyer can prepare a will made in the presence of witnesses, review a holograph will you wrote yourself, and give legal advice on the choices inside any will. Many people see a lawyer when their estate raises questions that go beyond the paperwork:

• Blended families: children from more than one relationship, a new spouse, or a partner you are not married to.
• The family patrimony: married spouses and civil union partners share certain property by law, and it is divided before the rest of the estate. A will cannot override that.
• Business owners: shares in a company, a partnership or a family business that someone will have to run or sell.
• Heirs who need protection: a minor child, a person who cannot manage money, or an heir you want to leave property to in trust.
• Wills that may be disputed: when you expect a family member to object and want the will built to withstand a challenge.

The three forms of will in Quebec

Quebec law recognizes three forms of will, each with its own formal rules. The Quebec government's page on wills describes them in more detail.

• Notarial will: made before a notary, who keeps the original and registers it. It does not need to be verified by a court after the death.
• Will made in the presence of witnesses: it can be typed or handwritten, and it is signed by you in front of witnesses, who also sign. A lawyer can draft it, supervise the signing and keep it. A person who inherits under the will should not act as a witness.
• Holograph will: written entirely by hand and signed by you, with no witnesses. It is simple to make but easy to get wrong: a typed page, a missing signature or unclear wording can cause problems later.

Whatever the form, a will is only as good as its content. A wills lawyer can help you choose a liquidator (executor), name guardians for minor children, plan specific gifts and think through what happens if an heir dies before you.

Registering your will so it can be found

A will nobody can find is no help to your family. Notaries register the wills they receive in the registry of the Chambre des notaires du Québec. Lawyers can register a will made in the presence of witnesses, or a holograph will they keep for you, in the Barreau du Québec's registry of wills and mandates. After a death, the family usually searches both registries. A holograph will kept in a drawer is not registered anywhere, which is one reason to leave it with a lawyer or a notary.

When to update your will

A will should follow your life. Review it with a lawyer when something important changes, in particular:

• Marriage or civil union: in Quebec, getting married does not cancel an existing will, so an old will may still leave everything to someone else. It is worth checking that it reflects your new family.
• Separation or divorce: a divorce, or the annulment of a marriage or civil union, generally cancels gifts to the former spouse and their appointment as liquidator, unless the will says otherwise. A separation between unmarried partners has no such effect: a will naming a former partner can still apply.
• A new child or grandchild: you may want to name a guardian, adjust the shares or set up a trust.

You can change a will by making a new one or by adding a codicil. A new will should say clearly that it revokes the earlier ones.

After a death: verifying a will that is not notarial

A will made in the presence of witnesses and a holograph will must be verified, sometimes called probate, before the liquidator can act on them. Verification confirms that the document meets the legal requirements. It can be done by the Superior Court or, when no one is contesting it, by a notary. A lawyer can prepare the application and represent the family if questions come up.

If you believe a will is invalid, for example because of its form, the person's capacity or pressure from someone close to them, that is a dispute rather than a simple verification. For that, see our page on probate litigation lawyers.

How making a will with a lawyer works

• A first consultation about your family, your property and your wishes.
• Advice on the form of will that fits and on the choices it involves, such as the liquidator, guardians and any trust.
• A draft for you to review, then a signing meeting in the presence of witnesses.
• Registration of the will and a copy for your records, with a reminder to review it when your life changes.

Preparing for your consultation

• Any existing will, codicil, protection mandate and marriage contract.
• A list of your main property, accounts, debts, insurance and pension plans, even if it is incomplete.
• The names of the people you want to include, and who you are thinking of as liquidator and guardian.
• Your questions, including how the lawyer charges for the work.

Compare wills lawyers on JustiConnect

Browse the lawyers listed below, compare their experience, languages, rates and availability, and book online. For the wider picture, including protection mandates and estate settlements, see our estate planning lawyers page, or search all estate lawyers. Our guide on how to choose a lawyer in Quebec can help you decide.

Frequently asked questions

Do I need a lawyer to make a will in Quebec?

No. A holograph will you write yourself can be valid, and a notary can make a notarial will. A lawyer is useful when you want a will made in the presence of witnesses, advice on a complex family or estate, or a review of a will you already have.

What is the difference between a wills lawyer and a notary?

A notary can make notarial wills, which do not need to be verified after the death. A lawyer can draft wills made in the presence of witnesses, give legal advice on your estate plan and represent you if a will is verified or disputed in court.

Is my will from another province valid in Quebec?

A will validly made elsewhere can often be recognized in Quebec, but it may need to be verified and it may not fit Quebec rules such as the family patrimony. If you now live in Quebec, have a lawyer or notary review it.

What happens if I die without a will in Quebec?

The law decides who inherits. A spouse who was not married to you or in a civil union with you does not inherit under those rules, which is one of the most common reasons couples make a will.