Do You Need a Notary or Lawyer for a Will in Quebec?

Neudorfer Legal
Dec 23, 2025
6 min read

Planning your estate is an important step that many people put off, even though having a legally valid will can save your family time, stress, and potential conflicts. If you live in Quebec, you might be wondering: Do I need a notary or a lawyer for a will?

The answer depends on your estate’s complexity and your goals. In Montreal, many people seek guidance from a legal firm in Montreal or a law office in Montreal for will preparation in Montreal and estate planning in Quebec. In this guide, we’ll explain the roles of notaries and lawyers, outline Quebec succession law, and help you make an informed decision about planning your estate.

Understanding Wills and Estate Planning in Quebec

What is a Will?

A will is a legal document that specifies how your assets, property, and obligations will be distributed after your death. It ensures your wishes are followed and provides clarity for your loved ones.

Quebec follows civil law, which means some rules regarding wills and estates may differ from other provinces. Quebec recognises several types of wills:

Notarial Will – Prepared and authenticated by a notary, this type is legally binding and often avoids probate. Notarial wills are common services provided by a notarial firm in Montreal specialising in estate planning.
Holographic Will – Written entirely by the testator, requiring no witnesses or professional involvement. While inexpensive, it carries a higher risk of will disputes.
Will in the Presence of Witnesses – Usually prepared by a lawyer or law firm in Montreal, requiring at least two witnesses to ensure authenticity.

A notarial will provides legal certainty and simplifies the probate process in Quebec, while a holographic will might be suitable for simple estates with minimal assets, though seeking legal representation services can help ensure it is correctly drafted and legally enforceable.

Notary vs Lawyer for a Will in Quebec

Choosing between a notary and a lawyer is a common question for anyone planning their estate. Here’s a comparison:

Feature	Notary	Lawyer
Role	Drafts, authenticates, and stores wills; manages succession without court	Drafts wills, provides legal advice, and represents clients in will disputes
Legal Authority	Public officer ensuring legal compliance	Advocates for clients and handles contested wills in court
Probate Requirement	Not required for notarial wills	May be required if the will is contested or not notarised
Cost	Fixed fees; reduces risk of disputes	Hourly rates can become expensive if disputes arise
Dispute Resolution	Prevents disputes through legal certainty	Represents clients in court for contested wills and other legal matters
Best For	Straightforward estates	Complex estates, business holdings, or contested wills

When to Choose a Notary

A notary in Quebec is authorised to draft and authenticate wills. Using a notary is ideal when:

You want a secure, legally binding will – Ensures compliance with Quebec succession law.
Your estate is straightforward – No complicated business or real estate holdings.
You want to avoid probate – A notarial will often bypass court procedures.
You want to minimise disputes – A law firm in Montreal often recommends notarial wills to reduce potential conflicts.

When to Choose a Lawyer

Lawyers can also draft wills and provide legal guidance. You should consider a lawyer if:

Your estate is complex – It includes business interests, real estate, or multiple properties, which a business contract lawyer service or a real estate lawyer service in Montreal can handle efficiently.
You anticipate disputes – Lawyers can represent clients in will disputes or contested estates.
You need court representation – Lawyers manage probate proceedings in Quebec effectively.
You want detailed advice – Professional legal consultation services in Montreal or legal representation services ensure your estate is compliant and all potential issues are addressed.

Step-by-Step Guide to Will Preparation in Montreal

Here’s how legal help in Montreal can guide you through the will preparation process:

1. Collect Your Information

List your assets and liabilities – Include real estate, investments, bank accounts, business interests, and personal property. Corporate lawyer consultation or business legal advice in Montreal can help evaluate complex holdings.
Gather supporting documents – Collect prior wills, property deeds, account statements, and insurance policies to provide your lawyer or notary with complete information.

2. Choose Your Executor

Select a trustworthy person – This can be a family member or a professional, like a lawyer in Montreal or a legal representation services provider, who can responsibly manage your estate.
Ensure they understand your wishes – Executors should be familiar with your estate and willing to carry out your instructions without confusion.

3. Draft the Will

Lawyer-prepared wills – Lawyers from a law firm in Montreal or a law company in Montreal can draft a will tailored to your estate’s complexity, including business assets, real estate, or investments.
Notarial wills – Drafted by a notary and authenticated to provide legal certainty, preventing disputes and simplifying the probate process in Quebec.

4. Signing and Witnessing

Holographic wills – Handwritten by you; no witnesses are required, but clarity is essential.
Wills with witnesses – Require at least two witnesses. A lawyer or a family court lawyer can facilitate this process.
Notarial wills – Signed in front of a notary; no witnesses are needed. Notaries at a law office in Montreal ensure compliance with legal formalities.

5. Storing the Will

Secure locations – Keep in a notary’s office, lawyer’s office, or a safe deposit box.
Inform your executor – Ensure your executor or child custody lawyer service in Montreal knows where to access the will.

Quebec Succession Law: Key Considerations

Understanding Quebec succession law is essential for estate planning. Key points include:

Protected rights for heirs – Spouses, children, and certain other family members have statutory rights.
Assets outside the will – Some accounts, like RRSPs or life insurance, may bypass the will.
Legal certainty – A notarial will drafted by a legal firm in Montreal reduces disputes.
Avoiding conflicts – Proper estate planning with a family lawyer service in Montreal or a corporate lawyer consultation ensures your wishes are legally enforceable.

Probate Process in Quebec

The probate process validates a will and manages asset distribution. Steps include:

Filing the will with the court – Required for non-notarial wills; a notarial will usually bypasses this step.
Verification of authenticity – Courts check the legal validity of the will.
Resolving disputes – Lawyers provide litigation legal assistance in Montreal for contested wills.
Distributing assets – Executors distribute assets according to your will.

Notarial wills often avoid probate, saving time and fees. Lawyer-prepared wills may require probate if contested or if not notarised.

Holographic Will in Quebec

A holographic will is handwritten and signed by the testator:

No witnesses needed – Entirely in your handwriting, ensuring simplicity.
Cost-effective – Useful for small estates or temporary solutions.
Higher risk of disputes – Lawyers from a law firm in Montreal can help validate and clarify the will.
Best for straightforward estates – Minimal assets, no business holdings.

Estate Planning Tips for Montreal Residents

Regularly review your will – Update after marriage, divorce, or major asset acquisitions. Legal consultation services in Montreal can advise on changes.
Inform your executor – Make sure your executor knows your wishes and where your will is stored.
Seek professional help for complex estates – Use a business contract lawyer service or corporate lawyer consultation for businesses.
Document assets thoroughly – Include digital accounts, investments, and properties.
Store copies securely – Keep in a notary’s office or a lawyer’s office and provide access instructions.

Choosing Between a Notary and a Lawyer

Notary – Ideal for straightforward estates, avoiding probate, and providing legal certainty.
Lawyer – Best for complex estates, business holdings, real estate, contested wills, or probate proceedings.

In Montreal, you can access a lawyer in Montreal, a law office, or legal representation services to guide you in either case.

For trusted legal guidance in Montreal, you can view our full range of services and client reviews on our Google Business Profile.

Frequently Asked Questions

1: Can I write my own will in Quebec?

Yes, via a holographic will, but a law firm that services Montreal or provides legal help in Montreal can help reduce disputes.

2: What is the difference between a notary and a lawyer for a will?

Notaries authenticate and legally certify your will; lawyers draft wills and provide representation in litigation and legal services in Montreal.

3: Are notarial wills expensive?

They have fixed fees, usually higher upfront, but they reduce future costs related to disputes.

4: Can a lawyer help if a will is contested?

Yes, lawyers provide legal representation services and litigation legal assistance in Montreal during disputes.

5: Do notarial wills require probate?

No, they usually bypass the probate process in Quebec, saving time and costs.

6: How often should I update my will?

After major life changes, like marriage, divorce, children, or acquiring significant assets. Family lawyer services in Montreal can advise on updates.

Conclusion

Choosing between a notary and a lawyer depends on your estate’s complexity. Notaries provide legal certainty and avoid probate, while lawyers offer advocacy, guidance, and representation in disputes.

Proper estate planning ensures your wishes are respected and your loved ones are protected. Whether you need will preparation, family law services in Montreal, corporate contract lawyer services, or real estate lawyer services, professional guidance ensures compliance with Quebec succession law and peace of mind for your heirs.

For expert guidance on wills, estate planning, or any legal matters in Montreal, contact us today to schedule a consultation with our experienced team.