How to make a will: a practical guide in 9 steps

Making a will allows you to plan your last wishes and ensure that your assets are distributed according to your wishes after your death. Whether you are a property owner, a parent, or simply want to settle your estate, knowing how to make a will can help you avoid family disputes and ensure that your wishes are respected. In this guide, our family law notary explains each step for drafting your will methodically and in accordance with Quebec law.

1. Understanding the importance of a will

A will is a legal document that allows you to bequeath your assets and designate your beneficiaries according to your wishes. Having a will gives you control over the distribution of your assets and can prevent conflicts between family members. Even if you have few assets, a will allows you to appoint an executor, designate a guardian for your minor children, and make testamentary provisions for a disabled child or surviving spouse. If you die without a will, your assets will be distributed according to the rules of law, which may not reflect your wishes.

Making a will also allows you to plan charitable donations, organize your retirement plans, and reduce additional costs for your heirs. Before preparing your will, it is advisable to consult a notary to avoid any ambiguity or errors that could invalidate the will. A notarized will offers additional guarantees, including a verification procedure to ensure that the will is valid.

2. Make an inventory of your assets

Before writing a will, you must make an inventory of your assets. This includes:

• Your real estate properties
• Your bank accounts
• Your retirement plans
• Your investments
• Your vehicles
• Your valuables and works of art

A list of all your assets allows you to plan the distribution of your estate clearly and identify what you want to leave to each beneficiary.

The inventory should also include debts and mortgages, as the executor will need to settle these before distributing your assets. Make sure your personal information and financial documents are up to date. This step will make it easier to draft a complete and compliant will. The executor you appoint will then be able to settle your estate quickly and without confusion, limiting family disputes after your death.

3. Determine your beneficiaries

It is essential to name the beneficiaries of your will. This may include a family member, close friend, or charity. You can bequeath specific assets or a percentage of your estate. For a child with a disability, you can set up a trust to protect their interests.

Think about each beneficiary and the type of bequest you wish to make. A well-written will allows you to distribute your assets fairly and appoint executors to ensure that your last wishes are carried out. Each beneficiary must be clearly identified in the will to avoid any disputes after your death.

4. Identify an executor and a guardian for your children

The executor is the person responsible for settling your estate. They ensure that the provisions of your will are carried out and that your assets are distributed according to your wishes. The executor can be a spouse, a family member, or a professional (notary or lawyer). You can also appoint a guardian for your minor children.

Appointing a guardian is particularly important if you have minor children or a disabled child. The guardian will be responsible for their well-being until they reach the age of majority. Be sure to choose someone you trust and who is capable of assuming this responsibility. The choice of executor and guardian can be changed at any time by drafting a new will.

5. Choose the type of will

There are several types of wills. Each has its own rules and requirements.

Holographic will

A holographic will must be written entirely in your own handwriting and signed by you alone. It does not require a notary, but must be clear in order to be recognized by law. You can make a holographic will to bequeath your property or appoint an executor or guardian, but verification by a notary is recommended to avoid disputes.

Witnessed will

A witnessed will must be written and signed by you in the presence of two witnesses. The witnesses must sign in your presence and cannot be beneficiaries of the will. This type of will offers more security than a holographic will, but the procedure must be followed for the will to be valid.

Notarized will

A notarized will is drafted by a notary. It is registered in the register of testamentary dispositions of the Chambre des notaires du Québec (Quebec Chamber of Notaries) and ensures indisputable validity. Notaries ensure that the will is compliant, avoid ambiguities, and offer advice on tax and legal issues. Only a notarized will allows for a complete verification process and guarantees that your last wishes will be respected without contestation.

6. Drafting the will

Drafting your will requires specifying its contents: beneficiaries, bequests, appointment of an executor, guardian for your children, and special provisions. Each clause must be clear and avoid any ambiguity. You can include a protection mandate to organize your estate if you become incapacitated before your death.

Ensure that each name is accurate and that the assets are correctly identified. You can bequeath specific assets or define an overall distribution. A will is a legal document and must accurately reflect your intentions. Drafting a will with a notary allows you to benefit from advice to ensure the document’s compliance and validity.

7. Sign the will correctly

For your will to be valid, it must be signed correctly. A holographic will must be signed by you. A witnessed will must be signed in the presence of two witnesses, who must also sign it. A notarized will is signed before a notary and registered in the register of testamentary dispositions of the Quebec Chamber of Notaries.

The signature guarantees that the will is your testamentary work and that your wishes will be respected after your death. Do not sign a will if you are unsure of its contents or if you would prefer to consult a notary first. Signing is a formal step that ensures that the will is recognized by the court and the competent authorities.

8. Probate

Probate ensures that your will complies with the law and that your last wishes will be respected. A notary can perform a complete review, check the contents of your will, and confirm that the document is signed correctly. The probate process may include reviewing the provisions of the will and registering it with the Chamber of Notaries.

Verification is particularly useful for complex wills, including those involving minor children, multiple assets, or a disabled child. It ensures that the will can be executed without dispute, in accordance with the law of your province.

9. Keep your will safe and make it traceable

A will must be kept in a safe place so that it can be easily found after your death. You can deposit it with a notary, who will keep a secure copy. Only a notarized will can be officially registered in the register of testamentary dispositions, making it traceable and legally recognized.

Keeping your will safe also protects it from accidental loss or destruction. A notarized will registered in the register of dispositions offers the best security. Make sure that the executor and your loved ones know where your will is located. Whether it is holographic, witnessed, or notarized, it must be kept in a safe and traceable place to avoid any disputes.

Draw up your will methodically with the help of a notary

Writing a will is not just a formality, it is a duty to your loved ones. Drawing up your will with a notary ensures that it is valid, compliant, and respected after your death. A notary will guide you in appointing an executor, designating a guardian, and bequeathing your assets. Make an appointment with a notary specializing in family law to prepare your will and secure your last wishes.