Quebec operates under a civil law system, which differs from the common law used in the rest of Canada. If you live in Quebec or own property there, it’s important to understand how wills and estate planning work under the Civil Code. There are different types of wills, legal terms, and concepts - such as family patrimony - that affect how your estate is managed.
Estate planning legal terms in Quebec
Liquidator - The person responsible for settling your estate (as known as an executor)
Legatee - The person or organization receiving a gift in your will (as known as a beneficiary)
Specific legacy - A particular gift, such as an item or amount of money, left to a legatee (as known as a specific gift)
Tutor - Appointed guardian for minor children or dependents (guardian)
Protection mandate - A document that appoints someone to manage your affairs if you become incapacitated (similar to a power of attorney). We do not currently offer Protection mandate in Quebec.
Patrimony - The total of your assets and obligations (as known as an estate)
Assigning roles and responsibilities in your estate plan may be challenging. Here's what to consider when choosing them.
How do I make a legal will in Quebec?
There are three legally recognized types of wills:
1. Will in front of witnesses
This is the will offered by Willful. It must be:
In writing
Signed by you
Signed in front of two valid witnesses who are not legatees or related to a legatee
This type of will is valid under Quebec law but must go through probate after death. This is the type of will offered by Willful.
2. Notarial will
A notarial will is unique to Quebec and must be created by a notary in front of one witness. It is considered the most formal type of will in the province.
Key benefits:
No probate required - Your liquidator can start managing the estate immediately
Registered and stored with the Chambre des notaires
Offers added legal certainty and protection
Willful does not offer notarial wills at this time.
3. Holographic will
A holographic will is written entirely by hand and signed by you - no witnesses required. While legal, it must go through probate and may be more prone to challenges.
What is family patrimony?
In Quebec, family patrimony is a legal structure that protects both spouses in a marriage or civil union by ensuring a fair division of certain shared assets. Family patrimony applies to married or civil union spouses only - not common-law partners.
Purpose: It ensures your spouse receives a fair share of shared property if you pass away first
Renouncement: To inherit only through your will, your spouse must formally renounce their rights to the family patrimony
Willful wills do not include a renouncement clause - this means your spouse can receive both a share of the family patrimony and an inheritance under your will. If you want your spouse to choose one or the other, Willful may not be the right fit for your estate planning needs.
What does it include?
Family patrimony covers:
The family residence
Furniture in the home
Vehicles used by the family
Registered pension plans
Can I use Willful in Quebec?
Willful creates a will in front of witnesses, which is legally valid in Quebec but requires probate
You can name a liquidator, tutor, and legatees directly
You can leave specific legacies and divide the rest of your estate through a residual clause
Our Quebec documents use Civil Code terminology and are available in English and French