Why Choose a Notarial Will? Advantages & Explanations

In Quebec, the legal system recognizes 3 types of wills:

• Notarial will
• Holograph will
• Will made in the presence of witnesses

Before diving into the advantages of a notarial will, let’s clarify each type to help you make an informed decision. As defined by the Québec Civil Code, a notarial will is drawn up by a legal professional, otherwise known as a notary, that conveys the testator’s (the person making the will) last wishes all while complying with Quebec laws. This type of will clearly designates liquidators, beneficiaries, replacements and tutors, if necessary. It is then signed by the testator, a witness and the notary, ensuring its legal validity.

A holograph will is entirely written and signed by the testator, without the presence of any witnesses. While simple to create, it requires probate after the testator’s death, which can be time-consuming and expensive. Probate involves a notary or court verifying the will, often requiring a sworn declaration from someone familiar with the testator’s handwriting or signature.

Lastly, a will made in the presence of witnesses does not need to be drawn up by the testator, however, it must be signed by the testator and in the presence of two witnesses. This type of will can also be a lengthy and costly procedure because like a holograph will, it requires probate upon the testator’s death, involving court processes and witness confirmation, which can delay the settlement.

Why Choose a Notarial Will

Now that you're familiar with the three types of will, the question remains: is it really possible to draw up your own will without consulting a notary? Of course it is, but why take the risk when the Lazarus Legal team can offer you the expertise of seasoned legal professionals?

Our experts will ensure that your will respects your wishes, complies with current legislation, and provides you with peace of mind while being a sound long-term investment. A notarial will, drawn up by a qualified professional, offers undeniable advantages over other types of will. Here are a few key reasons why choosing a notarial will can make all the difference.

No probate required

Unlike the other types of wills, it does not require probate. This advantage alone should be one of the main reasons you should chose a notarial will. Not requiring probate ensures that upon the testator’s death, the succession will avoid lengthy and costly procedures to execute the will. A notarial will complies with all legal formalities therefore significantly reducing the chances of disputes and challenges in court.

Legal assistance

A notarial will complies with the Quebec laws, therefore legal professionals can provide legal advice to ensure that your wishes are respected, and your loved ones are protected in the future.  

Protection and accessibility

A notarial will must be registered in the Registry of Testamentary Dispositions of the Chambre des notaires du Québec, and the notary also has the obligation to keep the original in a safe place. Therefore, the will cannot be stolen, damaged, destroyed or changed by anyone.

Credibility in the eyes of the court

Notarial wills are often presumed valid by the courts and come with legal credibility because they are drawn up by a legal professional.

The Lazarus Legal team is ready to help you benefit from all these advantages when it comes to planning your last will. Remember, just because you can do something yourself doesn’t mean you should; a professional brings expertise, efficiency and insight that can save you time, money and effort.

Contact us today for a free consultation and secure your loved ones’ future with a customized notarial will.