Special Rules for Quebec

In Quebec, the succession or estate of an individual begins upon an individual's death, at the last place where he/she lived. The succession includes the deceased's assets and liabilities, called the patrimony. The patrimony of the deceased person is passed to his/her heirs or legatees (known as beneficiaries in common-law provinces). In instances where there is no will, the succession is distributed according to the rules in the Civil Code.

Purpose of a Will

Just as in common-law provinces, a will in Quebec documents the wishes of the testator about whom he/she wants his/her property to go to and what property each person will receive. The will also names the liquidator of the succession (called the executor or estate trustee in other provinces), whose duties will include identifying the heirs and legatees and distributing the property of the deceased according to the will. The will may also name a tutor to a minor child (known as a guardian in other provinces).

Intestacy in Quebec

If a Quebec resident dies intestate, his/her property is divided between family members according to the Civil Code. The heirs will act as liquidators of the succession. If no family members survive the deceased, as in all other provinces, the government will take over the assets.

Under Quebec laws, an individual may only control the distribution of his/her property upon death through a will or a marriage contract. A will is an essential part of successoral planning in Quebec because various provisions acceptable in other provinces are not valid in Quebec. For example, beneficiary designations on retirement savings plans or other types of investment contracts that govern the transmission of the rights in those investments on death, unless they can be linked to life insurance contracts, are not accepted in Quebec. Moreover, Quebec does not generally have the common-law concept of joint ownership of assets with a right of survivorship.

The typical clauses in a will drawn in Quebec are the same as those outlined previously.

Forms of Wills Accepted in Quebec

A valid will may take one of three forms in Quebec:

• A Notarial Will is the most common. The will is made before a notary (a notary in Quebec, unlike in common-law provinces, has the authority to draw wills). It is then drafted and signed by the notary and then signed by the testator and by a witness.
• A will may also be made in the presence of witnesses. In this case, the will is written by the testator or a third party (a lawyer, for example) and signed by the testator before two witnesses of legal age, who also sign it in the presence of the testator.
• A holograph will, prepared and signed in the writing of the testator.