A will or a codicil entirely written by hand by the deceased, as well as a will witnessed or a codicil witnessed, must be verified by the court in the context of an application to the Superior Court, or by a procedure before a notary, according to the choice of the notary who prepares the file, before it can be used in the settlement of the estate. Any interested party, the executor in the first place of course, can request the verification of the will. This process requires the presentation of certain documents and has strict deadlines.

The verification of the holographic will or codicil will also require the production of a solemn declaration by a person who was familiar with the handwriting and signature of the deceased. The verification of the will or codicil witnessed will require the production of a solemn declaration by one of the witnesses, confirming that the formalities were respected at the time of signing the will.

The verification procedure aims to establish compliance with the conditions of validity of a will in order to make it binding on third parties in terms of its form. This verification does not prevent a possible legal challenge to the provisions of the will.

Once the verification is done, the court or the notary will be able to issue certified copies of the verified will.

Required documents

• Original of the will or the codicil or both
• death certificate issued by the Director of Civil Status
• will search with the Chamber of Notaries of Quebec
• if the will or codicil is holographic: the name and address of a person who is not interested in the succession and who is able to solemnly affirm that they know the handwriting and signature of the deceased person
• if the will or codicil was signed in front of witnesses: the name and address of a witness present at the signing of the document
• the names and addresses of all the heirs named in the will