Making a Will in Montreal, Quebec

Montreal, with about 1.76 million people, is Quebec's largest city and has one of the highest rates of common-law (de facto) couples in Canada — which collides badly with Quebec's inheritance rules. Here's what Montrealers need to know.

Quebec's three valid wills

Unlike the rest of Canada, Quebec's Civil Code recognizes three will forms: the notarial will (prepared by a notary, registered, no court verification needed after death), the holograph will (entirely handwritten and signed, no witnesses), and the will made before witnesses (signed before two witnesses). You must be 18 and capable. Fully electronic personal wills aren't valid, though notaries can now make notarial wills electronically.

De facto partners inherit nothing

This is the rule that catches Montreal couples off guard: a de facto (common-law) partner inherits nothing on intestacy, no matter how long you've lived together or how many children you share. Only a married/civil-union spouse and children inherit by default. If you're common-law, a will is the only way to provide for your partner.

Cost: verification, not a probate tax

Quebec has no percentage probate tax. A notarial will needs no verification — your liquidator can act immediately. A holograph or witnessed will must be verified by the court or a notary, a nominal fee (around $100). On a $1M estate, that's a fraction of Ontario's ~$14,250.

The other documents

Name a liquidator in your will to settle the estate, and make a protection mandate so someone can manage your affairs and health care if you become incapable.

Frequently asked questions

Do I need a notary to make a will in Montreal? No — holograph and witnessed wills are valid, but a notarial will avoids verification and can't be lost. Do common-law partners inherit in Montreal? No — only a will provides for a de facto partner in Quebec. How much does probate cost in Montreal? Nothing for a notarial will; a small verification fee for other wills.

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