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The Will in Québec: A Vital Tool to Protect Your Loved Ones and Your Wishes

Writing a will is one of the most important steps you can take to ensure a smooth transition of your assets after your death. More than just a document, a will is a legal safeguard for your loved ones and a clear expression of your final wishes. However, many misconceptions persist about its scope, format, and implications.

The Notarized Will: Security, Efficiency, and Time Savings

In Québec, a notarized will is the most secure and efficient type of will. It is drafted by a notary in accordance with the Civil Code and offers several key advantages:
  • It does not require probate in court after death, unlike handwritten or witnessed wills.
  • It is automatically recognized by financial institutions, tax authorities, and other parties.
  • It is very difficult to challenge, as the notary confirms the testator’s mental capacity and ensures all legal formalities are followed.
This form of will allows for a faster, simpler, and less stressful settlement of the estate for the deceased’s family.

Dying Without a Will: Legal Rules That May Surprise You

If someone dies without a will in Québec, their estate is distributed based on the Civil Code. Contrary to popular belief, the surviving spouse does not inherit everything.

Here is the general rule in the absence of a will:

  • One-third of the estate (excluding family patrimony) goes to the surviving spouse
  • Two-thirds are divided equally among the children
Before this division, the family patrimony (main residence, shared household items, family vehicle, etc.) must be settled.

Without a will, your assets may not go where you intended. That’s why it’s essential to write a will if you want to stay in control of how your estate is distributed.

The Liquidator: The Key Person in the Estate Process

A will also lets you appoint someone you trust as the liquidator (formerly called “executor”). Their role includes:
  • Identifying and gathering the deceased’s assets
  • Paying off debts and taxes
  • Filing tax returns
  • Distributing the estate to heirs
The liquidator can be a friend, family member, or a professional. You can also appoint multiple liquidators to share responsibilities.

A Living Document: Changeable at Any Time

A will only takes effect after death. As long as the person who made the will (the testator) is alive and mentally capable, they can modify or revoke their will at any time. This allows the will to be updated in response to:
  • Family changes (marriage, divorce, children)
  • Financial changes
  • A move or change in residency or citizenship
This flexibility ensures your will always reflects your current reality.

In Québec, Marriage Doesn’t Cancel a Previous Will

Unlike in some other provinces, marriage in Québec does not automatically revoke a prior will. This means a will written before marriage can still be valid—even if it no longer reflects your wishes.

That’s why it’s strongly recommended to review your will after any major life event:
  • Marriage or civil union
  • Birth of a child
  • Separation or divorce
  • Death of a beneficiary or liquidator
This helps ensure your estate is settled according to your latest intentions.

In Conclusion: A Thoughtful Act You Shouldn’t Delay

Creating a will—especially a notarized one—is a responsible and caring act for your family. It allows you to:
  • Simplify and accelerate the estate process
  • Ensure your wishes are clearly respected
  • Appoint trusted individuals to carry out your instructions
  • Prevent unnecessary conflict or legal disputes
  • Protect your spouse, children, or any important beneficiaries
Whether you are young or old, single or in a relationship, with or without children—it is never too early to draft a will. Planning today helps protect your loved ones tomorrow.