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Three types of wills

In Quebec, there are 3 types of legally-recognized wills:

  • The holograph will, written by hand and signed by the testator, requires no witnesses but is easily contested.
  • The will made in the presence of witnesses may be typed or written by a third party. It is signed before 2 witnesses of full age.
  • The notarial will is made before a notary and usually only one witness. It is listed in the Register of Wills of the Chambre des notaires and the original is kept by the notary.

Only a notarial will does not require an authentication procedure by the courts and it is the most difficult to contest. Furthermore, since the notary has the document and it is listed in the Register of Wills, it is almost impossible for the will to be lost or stolen.

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