1. Home  
  2. Justice and civil status  
  3. Will and estate  
  4. Wills  
  5. Forms of will  
  6. Will made in the presence of witnesses

Will made in the presence of witnesses

 A will made in the presence of witnesses is a document that you can draw up yourself by hand or using a computer.

Will prepared by another person

You can also have someone else prepare your will for you. This person cannot be one of your legatees and must have no interest in your will.

Declaration and signature

You must declare, in the presence of two qualified witnesses of full age, that the document is your will. You do not need to disclose the contents of your will to the witnesses.

You must then sign your will. You can ask another person to sign it for you, in your presence and according to your instructions.

After you have signed the will, the witnesses must also sign and initial each page of the will in your presence. Moreover, none of the witnesses (even if there are more than two) must have any interest in your will.

Will prepared by another person using a computer

If the will was prepared by another person using a computer, you and your witnesses must sign or initial each page.

Keeping your will

Be sure that someone you trust knows where you keep your will. You can also contact a notary or a lawyer, who will register a notice regarding the existence of your will with the Register of Testamentary Dispositions of the Chambre des notaires du Québec This hyperlink will open in a new window. or the Register of Testaments and Mandates This hyperlink will open in a new window. kept by the Barreau du Québec.

The costs of this registration must be borne by you. It will allow your relatives to be informed of the existence of your will during a will search.

Probate

After your death, your heirs must have your will probated This hyperlink will open in a new window. by the Superior Court or by a notary.

For further information on wills, or to obtain a model will made in the presence of witnesses, see the brochure entitled My Will (PDF 767 Kb) (in French).

Note that a will that is prepared and written by a lawyer is considered a will made in the presence of witnesses. Accordingly, it must also be probated after your death, even if the lawyer registered a notice of its existence in the Barreau du Québec’s Register of testamentary dispositions This hyperlink will open in a new window..

Costs

Writing a will made in the presence of witnesses costs nothing if you do it yourself. However, there are costs associated with probating it This hyperlink will open in a new window. after your death.

If you wish to have your will made in the presence of witnesses written by someone else (for instance, a lawyer), you must contact that person for more information about their rates.

Last update: March 24, 2023

Comments

Was the information on this page useful to you?
General notice

You have questions or require additional information?

Please contact Services Québec