A will is a legal document executed by a single person, known as the testator, through which the testator disposes of their assets to one or more individuals.

There are three types of valid wills in Quebec: the holograph will, the will made in the presence of witnesses, and the notarized will.

A complete simple will usually includes the following clauses:

• Revocation of any prior will;
• Declaration of civil status and marital regime;
• Funeral arrangements;
• Specific bequests;
• Universal legatees;
• Age of transfer to legatees;
• Protection of legatee against creditors: inalienability clause;
• Protection of legatee against their spouse: separate property clause;
• Appointment of liquidator;
• Powers and duties of the liquidator;
• Appointment of guardians for minor children.

If you have a spouse, well-functioning children, or wish to leave your assets to a friend, nephew, niece, or charitable organization, and you have assets worth less than $500,000.00, preparing a simple will is an important step. The will will allow you to identify your heirs, specific legatees, choose your liquidator, and also select guardians for your minor children.

Periodically reviewing your will may be opportune. Your family and financial situation may change, and the applicable laws may have been modified since its drafting.

The fact that you are married or in a civil union will have consequences on the distribution of your assets in case of death. If you have children and die without a will, your spouse will receive one-third of your assets (after the settlement of the family patrimony) and the remaining two-thirds will go to your children.

If you have no children and die without a will, your spouse will receive half of your assets (after the distribution of the family patrimony), and the other half will go to your sibling(s), parent(s), nephew(s) and niece(s), etc. If you die without a will, will your common-law partner inherit anything?

We invite you to consult a member of the Notaire-Direct^® team because:

• A notarized will is easily identifiable and eliminates the risk of it being lost, overlooked, or destroyed;
• A notarized will does not need to be probated, making its implementation easier upon death;
• A notary is a legal advisor and a specialist in contract drafting.

If you do not have time to consult us, visit our Frequently Asked Questions.

If you cannot meet with us, visit ScriptaLegal.com.

Required documents

• Identification document
• Detailed list of your assets and debts