Testament notarie (Quebec)

A notarial will (testament notarie) is the most authoritative and secure form of testamentary disposition available under Quebec civil law. Governed by articles 712 to 730 of the Civil Code of Quebec (CCQ), this type of will is prepared and received en minute by a licensed Quebec notary (notaire) in the presence of one witness. The original document is retained in the notary greffe (records), ensuring permanent preservation and protection against loss, theft, or tampering. Unlike holograph wills written entirely by hand or wills made before witnesses, a notarial will carries a presumption of authenticity and validity. It is considered an authentic act under Quebec law, which means its contents are presumed true and it has full probative force in court. Perhaps the most significant advantage of a notarial will is that it does not require probate or judicial verification after the testator death. This eliminates what can be a costly and time-consuming process for the heirs and beneficiaries of the succession. The notary who receives the will ensures that it complies with all formal requirements of the CCQ, including proper identification of the testator, the presence of a witness, and the reading of the will aloud to the testator before signing. The testator must be of sound mind and capable of expressing their last wishes freely. A notarial will may contain provisions for universal legacies, specific legacies, appointment of a liquidator, creation of testamentary trusts, designation of tutors for minor children, and funeral wishes.

You should consider creating a notarial will in Quebec when you want the highest level of legal certainty and protection for your testamentary wishes. A notarial will is particularly recommended in the following situations: when you own significant real estate or financial assets in Quebec and want to avoid the probate process that would otherwise be required with a holograph or witnessed will; when you have complex family situations such as blended families, minor children who need a designated tutor, or beneficiaries who require the protection of a testamentary trust; when you want to ensure that your will cannot be challenged on the grounds of improper form, undue influence, or lack of capacity, since the notary verifies these elements at the time of execution; when you are elderly or have health concerns and want a professional to guide you through the process; when you want to designate a liquidator with specific powers to administer your succession efficiently in accordance with articles 756 to 762 of the CCQ; or when you want peace of mind knowing that your will is stored securely in a notary records and will be located after death through the Register of Testamentary Dispositions maintained by the Chambre des notaires du Quebec.

A properly drafted Quebec notarial will must contain several essential elements to be valid and enforceable under the Civil Code of Quebec. First, the testator identification section must clearly state the full legal name, date of birth, address, and marital status of the person making the will. The testator must be of full age (18 or older) and of sound mind at the time of execution (art. 707 CCQ). Second, a revocation clause is standard practice to ensure that all prior wills and codicils are expressly revoked, preventing any conflicts between multiple testamentary instruments. Third, the universal legacy provision names the person who will inherit the entirety of the estate after specific legacies and debts are satisfied. Under articles 732 to 735 CCQ, a universal legatee is entitled to the whole succession. Fourth, specific legacies under articles 736-737 CCQ allow the testator to bequeath particular items, sums of money, or properties to named individuals. Fifth, the liquidator appointment under articles 756-762 CCQ is crucial, as the liquidator bears responsibility for collecting assets, paying debts, filing tax returns, and distributing the estate. Sixth, optional provisions may include a testamentary trust under articles 1260-1298 CCQ, a tutor designation under articles 178-199 CCQ for minor children, and funeral wishes. The will must include the notary minute number, the date and place of execution, and the signatures of the testator, notary, and witness on each page (art. 719 CCQ).