A holograph will is the simplest form of will. It costs nothing and may consist of only a few lines. In addition, no witnesses are required.
Validity and probate
A holograph is only valid if you write it by hand and sign it yourself. You cannot use a typewriter, computer, or pre-existing form.
After your death, your heirs will need to have your will probated by the Superior Court or a notary.
It is preferable to date a holograph will, even if this is not essential to ensure its validity. For example, if you have made several wills, it will be easier to determine which is most recent and truly reflects your final wishes.
This is an example of a simple holograph will :
I, Mildred Jones, leave all my property to my daughter Jennifer.
Keeping a holograph will
If you choose to make a holograph will, you will be the only person who knows it exists. To make sure it is found when the time comes, you should tell someone you trust where it is kept.
You can also leave it in the care of a notary or lawyer, who will register it
- in the register of testamentary dispositions and mandates kept by the Chambre des notaires du Québec
- in the register of testaments and mandates kept by the Barreau du Québec.
You will have to pay the registration fee.