Will made in the presence of witnesses

A will made in the presence of witnesses is a document that you can draw up yourself. You can:

• write it by hand;
• use a typewriter;
• use a computer.

Will prepared by another person

You can also have someone else prepare your will for you. He or she cannot be one of your witnesses.

If the will is prepared by someone else, or by you on a typewriter, computer or other device, you and your witnesses must sign or initial every page.

Declaration and signature

In all cases, you must declare, in the presence of two qualified witnesses of full age, that the document is your will, and you must then sign it. You can also 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 it in your presence.

You do not need to disclose the contents of your will to the witnesses.

Keeping your will

Be sure that someone you trust knows where you keep your will. You can also give it to a notary or a lawyer, who will register it in the register of testamentary dispositions and mandates kept by the Chambre des notaires or the register of testaments and mandates kept by the Barreau du Québec.

Probate

After your death, your heirs must have your will probated by the Superior Court or by a notary, unless it was filed with the notary or someone in the notary’s office.

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