How to sign your will in Quebec

Step by step

1. 1

   Ce testament est rédigé 'devant témoins' conformément à l'article 727 C.c.Q. (This will is a will before witnesses under art. 727 C.c.Q.)

2. 2

   Print the will and review every clause carefully.

3. 3

   Gather two adult witnesses. Under C.c.Q., beneficiaries technically may witness, but this creates a risk of the bequest being challenged — choose independent witnesses who do not benefit under this will.

4. 4

   You (the testator) and both witnesses must be physically present together when you sign.

5. 5

   Sign at the bottom of every page, followed by both witnesses.

6. 6

   On the signature page, declare aloud that this is your will, then sign your full legal name. Both witnesses sign immediately after in your presence.

7. 7

   After death, the will MUST be probated (homologated) by a notary or the Superior Court before the liquidator (executor) can act. Keep the original in a secure location — register it with the Chambre des notaires' Registre des testaments et mandats.

8. 8

   STRONGLY RECOMMENDED: Consult a Quebec notary to have this will notarized. A notarial will does not require probate and is more difficult to contest.

Good to know in Quebec

• This will is made 'before witnesses' (devant témoins) under art. 727 C.c.Q. It must be probated by a notary or the Superior Court after death before it can be acted upon. A NOTARIAL WILL (devant notaire) avoids probate entirely and is strongly recommended in Quebec — consult a notary.
• Quebec does not have joint tenancy with right of survivorship. Property held as undivided co-ownership (co-propriété indivise) does NOT pass automatically to the surviving co-owner — it is part of your estate.
• RRSP and TFSA beneficiary designations made directly in the plan document (not through an insurance or annuity product) are generally NOT valid in Quebec. These assets flow through your estate and are subject to the will.
• Quebec Pension Plan (QPP) survivor benefits are claimed outside this will directly from Retraite Québec.
• The Quebec family patrimony (patrimoine familial) rules may give a legal spouse rights to a share of certain family assets regardless of this will. Professional advice is required for married testators.
• A legal spouse in Quebec has an automatic preferential legacy (legs préférentiel) and may have rights under the family patrimony and marital regime — consult a notary before finalizing.
• French-language document: Quebec law does not require the will to be in French, but a French version is provided for your convenience.