Notarial vs Holograph Wills in Canada

A notarial will in Quebec is prepared and signed before a notary and never needs to be verified after death, while a holograph will, a will entirely in the testator's own handwriting, is valid in Quebec and most common-law provinces but must go through a court or notarial verification once the testator dies.

Three ways to make a will in Quebec, one way everywhere else

Most of common-law Canada recognizes two broad categories of will: a formal will signed before two witnesses, and, in most provinces, a holograph will written entirely by hand with no witnesses at all. Quebec's civil law tradition adds a third option that does not exist anywhere else in the country: the notarial will.

The practical question for anyone choosing between these forms rarely comes down to which one a court will accept. It comes down to what happens after the testator dies. Two of Quebec's three forms, and every common-law holograph will, require a post-death step before an executor (called a liquidator in Quebec) can act. One does not.

The notarial will: no probate, no verification

A notarial will is prepared by a Quebec notary, a legal professional trained specifically in drafting and authenticating legal instruments. The testator signs it in the notary's presence, along with one witness (or in some cases two, depending on the circumstances), and the notary reads it aloud or confirms the testator has read and understood it.

Because the notary has already confirmed the testator's identity, mental capacity, and free consent at the moment of signing, Quebec law treats the notarial will as an authentic act, meaning it carries a presumption of validity that a private document does not. The original stays in the notary's records and is registered in the Register of Testamentary Dispositions, maintained by the Chambre des notaires du Quebec, so it can always be located after death even if family members do not know where to look.

The major practical consequence: a notarial will does not need to be probated or verified after death. The liquidator can present the notarial will directly to banks, the land registry, and other institutions as proof of authority, without going to a notary or the Superior Court first. This saves the modest verification fee, avoids a waiting period, and removes one source of delay in settling an estate. Source: quebec.ca, Probating a will and the Chambre des notaires du Quebec.

The cost is paid upfront instead: notary fees for drafting a will vary by complexity but are generally higher than a free handwritten document, and the process takes an appointment and some lead time rather than a pen and paper at home.

The holograph will: free, private, but not final until verified

A holograph will is entirely different in form. It must be written entirely in the testator's own handwriting and signed by the testator, with no witnesses, no notary, and no other formalities required at the time it is made. A holograph will can be written on any paper, at any time, and kept anywhere the testator chooses. Quebec's Civil Code recognizes it as one of the three valid will forms, alongside the notarial will and the will made before witnesses.

Most of common-law Canada recognizes a similar concept, sometimes under slightly different rules. Ontario, Alberta, Saskatchewan, Manitoba, and several other provinces will accept a will that is wholly in the testator's own handwriting and signed, without witnesses, as a valid holograph will under their respective wills legislation. The appeal is obvious: it costs nothing, requires no appointment, and can be made in an emergency.

The catch appears after death. Because nobody witnessed the signing and no notary confirmed the testator's capacity, a holograph will (like a will made before witnesses) is not self-proving. In Quebec, it must be verified, either by a Quebec notary or by the Superior Court, before the liquidator can rely on it. Verification confirms the document is genuine, that it is written in the deceased's hand, and that it is in fact the deceased's last will. That process carries a small fixed court or notary fee that is not tied to the size of the estate, separate from any professional fees. See our Quebec estate settlement page for the full liquidator process.

Elsewhere in Canada, a will made without a notary equivalent still generally needs to go through the normal probate process before a court, since there is no verification-only shortcut outside Quebec's civil law system.

The will made before witnesses (Quebec's third form)

Quebec's third recognized form sits between the other two. A will made before witnesses is signed by the testator in front of two witnesses, who also sign, but without a notary involved. It does not need to be handwritten, and it is more accessible than a notarial will since it requires no notary appointment.

Like the holograph will, a will made before witnesses is not self-proving and must be verified by a notary or the Superior Court after death before the liquidator can act on it, for the same modest fixed fee as a holograph will.

British Columbia is the outlier

British Columbia does not recognize a traditional handwritten, unwitnessed holograph will as automatically valid the way Quebec, Ontario, Alberta, Saskatchewan, and Manitoba do. Under BC's Wills, Estates and Succession Act (WESA), a will generally must be signed before two witnesses to be formally valid.

That said, WESA section 58 gives the BC Supreme Court discretion to cure a document, including an unwitnessed handwritten note, a text message, or another record, and declare it effective as a will if the court is satisfied it represents the deceased's fixed and final testamentary intentions. This is a court application after the fact, not an automatic acceptance, and it adds cost, time, and uncertainty that a validly executed will (or, in Quebec, a notarial will) avoids entirely. Source: gov.bc.ca, Wills, Estates and Succession Act.

Comparing the four forms

Weighing the trade-offs

Cost now versus cost and delay later. A notarial will costs more at the outset in notary fees, but it eliminates the verification step and its fee entirely. A holograph will costs nothing to make, but it defers a small cost, and real delay and uncertainty, to the estate settlement, when the liquidator or executor is least able to absorb a slow court or notarial process.

Risk of challenge. A notarial will's authentic-act status makes it far harder to challenge on grounds of forgery, undue influence, or incapacity, since a legal professional already confirmed those things at signing. A holograph will, precisely because nobody witnessed it, is more vulnerable to a beneficiary or disappointed heir arguing it is not genuine or was not the testator's true final intention. This is the same concern that drives BC's stricter default rule and its narrow, court-supervised exception.

Safekeeping. A notarial will is registered and cannot easily be lost, since the original stays with the notary and its existence is searchable through the Register of Testamentary Dispositions. A holograph will exists only wherever the testator put it, and if family members cannot find it, or it is destroyed, the estate can end up treated as intestate. Anyone relying on a holograph will should tell their executor or a trusted person where it is kept.

When each makes sense. A notarial will suits anyone who wants certainty, easy access for their liquidator, and no court involvement at death, and who is willing to pay a notary now for that peace of mind. A holograph will suits someone who needs a will quickly, has a simple estate, and accepts a small verification step and slightly higher challenge risk in exchange for zero upfront cost. Neither is inherently better. The right choice depends on the estate's complexity, the testator's budget, and how much the family values certainty over convenience.

For the full picture of how a Quebec estate is settled once a will (of any of the three forms) takes effect, see Quebec estate settlement. For the general Canadian will-making process outside Quebec, see making a will in Canada, and for how probate works province by province, see probate in Canada.

Related reading: wills, probate, and estates in Canada, making a will in Canada, Quebec estate settlement, probate in Canada, and the Canada probate fee calculator.

Disclaimer: This article provides general information about will forms in Canada and is not legal advice. Rules on will validity, verification, and probate change and vary by province. Consult a licensed lawyer or, in Quebec, a notary, for advice on a specific will or estate.