La justice à votre portée Series
The Ministère de la Justice, in collaboration with Les Publications du Québec, has published a series of brochures under the title "La justice à votre portée". The brochures contain all the information and forms needed to take action in compliance with the relevant provisions of the law.
With the publication of these titles, the Ministère aims to provide citizens with a way to assess the impact of their decisions in connection with various topics, and also with an inexpensive means of preparing legal documents on their own to settle simple legal issues.
The brochures are available as printed or electronic documents. They can be ordered from
Titles already in print:
A will is a legal document in which you stipulate who is to inherit your property and the share to be received by each heir. While it seems simple on the surface to make a will, you must nevertheless take the time to become well-informed before drawing one up.
Who can inherit from you? What types of wills are recognized by law? What is the liquidator's role? When does a will have to be probated? All of these questions are answered in the brochure My Will.
This publication, prepared by the Ministère de la Justice du Québec, even contains a form that you can complete yourself and use as your will. This document is also available in PDF format.
Application for the Probate of a Will
The new Civil Code of Québec, which came into force on January 1, 1994, maintained the three types of wills recognized in the previous version of the Code, while easing certain rules. In addition to wills made before a notary called authentic wills the new Civil Code recognizes the validity of two other types of wills, namely, holograph wills and wills made in the presence of witnesses.
However, to ensure that a holograph will or a will made in the presence of witnesses was really drawn up by the deceased and that the requirements of the law have been met, both these types of wills must be validated by the court or a notary. These wills must therefore be probated. This brochure explains how to prepare an application for the probate of a will.
Many de facto spouses firmly believe that, after a certain number of years of living together, they are entitled to the same rights and subject to the same obligations as married or civil union couples. Wrong! For civil law purposes, de facto spouses are considered to be total strangers to one another, regardless of how long they have been living together.
To offset the lack of legal provisions governing their status, de facto spouses can enter into a cohabitation contract. If you and your spouse agree to conclude such a contract, and if, despite the complexity of the undertaking, you decide to draft the conditions governing your cohabitation yourselves, an easy-to-use sample contract is provided for that purpose in this brochure.
Joint Application for Review of Accessory Measures
When the court renders a judgment of divorce, separation from bed and board or dissolution of civil union, it also rules on certain issues covered by the term accessory measures also known as corollary relief. Child custody, access and support payments are such issues and may be the object of a joint application for review by the parties to a judgment of divorce, separation from bed and board or dissolution of civil union. To obtain a review of accessory measures, you must agree on all of the issues to be dealt with and present a joint application to the court.
Those who are able to assess how their decisions will affect them will find in this brochure the information they need to take the steps required in compliance with law.
Joint Application for the Determination of Custody Access and Child Support
When de facto spouses separate, much can be taken care of in an agreement. If the spouses have children, the court can ratify an agreement settling questions of custody, access and child support.
Those who are able to assess how their decisions will affect them personally and financially will find in this brochure the information they need to take the steps required in compliance with law
Joint Application for Divorce on Draft Agreement
Every day, people contact the courthouse in their region to ask about how they can prepare and present a joint application for divorce on a draft agreement on their own. While apparently simple, such a step should be taken only if the people concerned are well-informed of their agreement and of the present and future impact of the agreement on them and on their children.
Joint application for divorce on a draft agreement does not attempt to address all situations that may come up during divorce negociations. Nevertheless, people who are able to assess the implications of their agreement will find the brochure can guide them through the process in compliance with legal requirements.
If your marriage ends in failure, Joint application for divorce on a draft agreement should allow your divorce to be a success.
My mandate in case of incapacity
The mandate in case of incapacity allows any full aged person of sound mind to appoint a mandatory who will see to the protection of his person and the administration of his property in the event that illness or an accident deprives him of his faculties.
This brochure provides a sample mandate in case of incapacity developed by the Curateur public. It contains essential information on the choice of mandatary, the various clauses that could be included in the mandate and its homologation.
Note: The brochure was prepared by the Curateur public.