Wills in Sherbrooke and Magog
A will is the only document that guarantees your wishes will be respected at your death. Without a will, the law decides who inherits — and the people designated by law are not necessarily those you would have chosen. Crucially: common-law spouses never inherit from each other without a will, no matter how long they have been together.
The three forms of will in Quebec
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The notarial will: drafted and received by a notary, registered in the Register of Wills of the Chambre des notaires du Québec. It takes effect immediately at death, without probate.
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The holograph will: entirely handwritten and signed by you. Valid, but it must be probated by a notary or court after your death — delays and costs for your loved ones.
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The will before witnesses: signed before two adult witnesses. Also subject to probate after death.
Why choose a notarial will
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No probate required at death: your heirs can act immediately
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Impossible to lose, destroy, or conceal: the original stays in the notary's records
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Registered in the Register of Wills: it will be found, wherever you pass away
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Assured validity: the notary verifies your capacity and compliance with formalities, greatly reducing the risk of contestation
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Personalized advice based on your family situation, assets, and goals
What your will can provide
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The designation of your heirs and the distribution of your property
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The appointment of your liquidator (and a substitute)
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The designation of a tutor for your minor children
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Particular legacies: a sum of money, a property, a valuable item, a gift to a charity
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A testamentary trust to protect a minor, vulnerable, or spendthrift heir
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Clauses tailored to blended families
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Your funeral wishes
When to review your will
A will should be reviewed after each major life event: marriage or separation, birth or adoption, purchase or sale of significant property, death of an heir or the appointed executor, starting a business, or a significant change in your assets. In the absence of such events, reviewing it every 5 to 7 years is good practice.
FAQ: Will
Will my common-law partner automatically inherit from me?
No. In Quebec, common-law partners do not inherit from each other in the absence of a will, regardless of the duration of cohabitation or the presence of common children. If you want your partner to inherit, a will is essential.
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What happens if I die without a will?
The law determines your heirs in a precise order: with a married spouse and children, the spouse receives one third and the children two thirds. Without a will, you control neither the distribution, nor the choice of liquidator, nor the protection of vulnerable loved ones — and settling the estate will take longer and cost more.
What Is the Purpose of a Codicil?
A codicil is the name which used to be given to the document which records a change to an existing will, without cancelling or replacing it in its entirety. Today, it is called an amendment to a will. The will remains valid except for the change made by the amendment. If you have difficulty understanding the scope of an amendment to a will, we invite you to consult a notary who will be able to read it and answer your questions on the subject.
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Can I change my will later?
Yes, at any time, as long as you are capable. You can make a new will (which generally revokes the previous one) or a codicil modifying certain clauses. A will is never set in stone — it evolves with your life.