A handwritten holograph will is free, fast, and private, but it is not always the right choice. For larger or more complex estates, a will prepared by a notary (in Quebec) or a lawyer (elsewhere in Canada) offers far greater certainty. This guide compares the forms and explains when to pay for professional drafting.
The three forms of will in Quebec
Notarial will
Prepared by a notary, signed before the notary and a witness, and kept as an official act in the notary's records. It is self-proving: no probate (verification by the court) is required, so the estate can be settled faster. It is registered automatically in the wills registries kept by the Chambre des notaires du Quebec, so it cannot be lost. This is Quebec's gold standard.
Witnessed will (will made in the presence of witnesses)
Written by you or someone else (it can be typed), signed by you in front of two witnesses who also sign. It must be probated after death to confirm validity.
Holograph will
Entirely in your handwriting and signed, with no witnesses, under article 726 of the Civil Code of Quebec. Free and private, but it must be probated after death and is the easiest to challenge.
Why "self-proving" matters
Probate costs vary widely by province. You can estimate them with our probate fee calculator to see what your estate would pay.
In Quebec, both holograph and witnessed wills must go through probate after death, a court process to confirm the will is genuine and valid. That adds time and cost, and it usually requires evidence about the will-maker's handwriting or the witnesses. A notarial will skips this entirely, because the notary already verified identity, capacity, and signing. For a grieving family, that difference can mean weeks rather than months.
Comparison table
| Feature | Holograph | Witnessed | Notarial (Quebec) |
|---|---|---|---|
| Who prepares it | You, by hand | You or anyone, typed or written | A notary |
| Witnesses | None | Two | Notary plus one witness |
| Cost to make | Free | Free if self-made; lawyer fees if drafted | Notary's professional fee |
| Probate needed after death | Yes | Yes | No (self-proving) |
| Risk of loss | High | Medium | Very low (registered) |
| Ease of challenge | Easiest | Medium | Hardest |
| Privacy in your lifetime | Total | Total | Notary knows the contents |
Outside Quebec: do-it-yourself versus lawyer-drafted
The common-law provinces do not have notarial wills. Your choice is between a will you make yourself (handwritten holographic where valid, or a witnessed will) and one drafted by a lawyer. A lawyer-drafted will costs a professional fee but reduces the risk of ambiguity, helps with tax and trust planning, and is harder to challenge. Remember that in British Columbia and Prince Edward Island a handwritten will is not valid at all, so a witnessed or lawyer-drafted will is required.
Typical professional fees
- Notarial will in Quebec: a notary charges a professional fee for a standard will, more for complex estates. The trade-off is no probate later.
- Lawyer-drafted will (common-law provinces): a simple will costs a modest professional fee; more for trusts, business succession, or blended families.
- Probate fees: charged later on holograph and witnessed wills, calculated on the value of the estate and varying widely by province.
When to choose a notarial or lawyer-drafted will
| Situation | Better choice |
|---|---|
| Simple estate, ordinary family, you want to act today | Holograph (where valid) or witnessed |
| Large estate or significant real estate | Notarial (Quebec) or lawyer-drafted |
| Business or company shares | Notarial or lawyer-drafted with planning |
| Blended family or likely disputes | Notarial or lawyer-drafted |
| You want no probate and easy retrieval (Quebec) | Notarial |
| You live in British Columbia or Prince Edward Island | Witnessed or lawyer-drafted (holograph not valid) |
| Absolute privacy and zero cost | Holograph (where valid) |
A practical middle path
Many people make a holographic will now to ensure they have something valid in place, then upgrade to a notarial or lawyer-drafted will when their estate grows. A handwritten will is far better than no will, and it can be replaced at any time by a new will that revokes it. See how to write a will to do the first step today.
Frequently asked questions
Can a notary reveal what is in my will?
No. A notary is bound by professional secrecy. The contents are revealed only after death.
Can I change a notarial will?
Yes, by making a new will (notarial, witnessed, or holograph) that revokes it. Destroying your copy does not revoke a notarial will, because the original stays with the notary.
Is a Quebec holograph will valid elsewhere in Canada?
A holograph will is recognized in most provinces, but not in British Columbia or Prince Edward Island. If you move, review your will against your new province's rules. See the holographic will guide.
Do I avoid probate everywhere with a notarial will?
The self-proving notarial will is a Quebec feature. The common-law provinces do not have it, and most estates there still go through probate regardless of who drafted the will.
Next steps
If your estate is simple, start with a holographic will using our templates and the step-by-step guide. To weigh up what a court can change regardless of form, read dependants' relief, and see what happens with no will in dying without a will. Official sources: Chambre des notaires du Quebec and the Civil Code of Quebec on CanLII.