Letter of Wishes — Quebec (Lettre de vœux successoraux)

No. A letter of wishes is not legally binding under the Civil Code of Quebec. Only a validly executed will (testament) creates binding legal obligations on the liquidator. However, a letter of wishes is a valuable document that provides the liquidator with context and guidance about the deceased's personal preferences, family dynamics, and intentions behind specific bequests. The liquidator is not legally required to follow the letter, but most will give it serious consideration, especially for matters not covered in the will such as division of personal property and funeral arrangements.

A Quebec Letter of Wishes does not legally require a lawyer, and individuals may draft and execute it independently. The Civil Code of Quebec (CCQ), Book Three: Successions does not mandate legal representation for letters of wishes. However, independent legal advice from a qualified Quebec notary or lawyer is strongly recommended to ensure the letter properly complements the will (testament) and that its provisions do not inadvertently conflict with the formal testamentary dispositions. In Quebec, wills must be prepared in accordance with CCQ arts. 703-762 — holograph, notarial, or witnessed form — but letters of wishes carry no such formal requirement. The Superior Court of Quebec has jurisdiction over estate disputes. Professional review is particularly advisable where the letter involves digital assets, international beneficiaries, or instructions about business succession.

A Quebec Letter of Wishes (Lettre de voeux successoraux) can address a wide range of personal matters not suited to the formal language of a will under CCQ arts. 703-762. Common topics include: funeral and burial preferences, including religious or cultural ceremonies; guidance on the distribution of personal property items such as jewelry, artwork, vehicles, and family heirlooms; messages of explanation for specific bequests to reduce the risk of family disputes; instructions for the care of pets or dependants with special needs; guidance to the liquidator on managing business interests or digital accounts; information about the location of important documents, passwords, and financial accounts; and wishes regarding organ donation under Quebec's Act Respecting Health Services and Social Services. The letter should be updated whenever the will (testament) is updated or when personal circumstances change significantly.

A Quebec Letter of Wishes should be stored with or immediately alongside the original will (testament) to ensure the liquidator finds both documents together at the time of estate administration. Common storage options include: with the notary who drafted or holds the notarial will under the Chambre des notaires du Quebec protocols; in a sealed envelope attached to the will in a secure home location known to the liquidator; or in a safety deposit box at a financial institution, with the liquidator given access. Unlike notarial wills registered at the Chambre des notaires du Quebec or the Barreau du Quebec's testament registry, a letter of wishes has no formal registration system. The liquidator should be informed of the letter's existence and location during the testator's lifetime. Revenu Quebec and the Superior Court of Quebec do not require the letter to be filed publicly.

No. A Quebec Letter of Wishes cannot legally override, amend, or replace any provision of a formally executed will (testament) under the Civil Code of Quebec (CCQ), arts. 703-762. Only a new will, a codicil (codicille) meeting the formal requirements of CCQ arts. 730-740, or a notarial modification can legally change the terms of an existing testament. The liquidator (executor) is legally bound only by the will's provisions, not by the letter of wishes. However, where the will leaves significant discretion to the liquidator — for example, in distributing personal property or timing distributions — the letter of wishes can guide how that discretion is exercised. Estate disputes in Quebec are adjudicated by the Superior Court of Quebec. For formal estate planning advice, the Chambre des notaires du Quebec and the Barreau du Quebec maintain referral services for qualified professionals.