What Makes a Will Legally Valid in Quebec?

Quebec's rules come from the Civil Code of Québec, not a common-law Wills Act, so validity works differently here. Rather than one set of formalities, Quebec recognizes three forms of will, each with its own requirements.

The three forms and their rules

1. Notarial will

• Received by a notary in the presence of a witness.
• Signed by you, the witness, and the notary.
• The notary keeps the original and registers it. No post-death verification required.

2. Holograph will

• Written entirely in your own handwriting.
• Signed by you.
• No witnesses needed — but it must be verified by the court or a notary after death.

3. Will made in the presence of witnesses

• In writing (it may be typed).
• Signed by you in front of two witnesses, who sign in your presence.
• Also requires post-death verification.

Age and capacity

You must be 18 (an emancipated minor may make a will for limited property) and capable of expressing your wishes. As elsewhere, capacity means understanding what you own and what the will does.

The witness rule

For a witnessed will, a witness should not be someone who benefits; a gift to a witness can be treated as not written, while the rest of the will stands. Choose neutral witnesses.

Why the notarial will is the gold standard

Because a notary prepares and stores it, a notarial will is almost impossible to lose, very hard to challenge, and needs no verification — your liquidator can act right away. Holograph and witnessed wills are valid and cheaper to make, but the verification step adds time and a small cost.

Mistakes to avoid

• A holograph will that's partly typed — it must be entirely handwritten.
• A witness who is also a beneficiary.
• Forgetting that holograph and witnessed wills need verification after death.
• Losing a holograph or witnessed will — there's no notarial copy to fall back on.

Frequently asked questions

Who can witness a will in Quebec? For a witnessed will, two capable adults who don't benefit under it. Can a beneficiary witness a will in Quebec? A gift to a witness may be treated as not written, so avoid it. How many witnesses does a will need in Quebec? Two for a witnessed will; none for a holograph will; one (plus the notary) for a notarial will. Does a will have to be notarized to be valid in Quebec? No — holograph and witnessed wills are valid, though they require verification after death.

Not legal advice. General information about Quebec law as of 2026. Confirm specifics with a Quebec notary or lawyer.