--- title: "Notarial Will in Québec | NotarIA" description: "The will in Québec: notarial, holograph or witnessed form (art. 716, 726, 727 C.c.Q.), mandatory verification of non-notarial wills (art. 772)." url: "https://notaria.solutions/en/features/acts/will" locale: "en-CA" type: "acte" section: "Act type" published: "2026-07-19" updated: "2026-07-19" author: "NotarIA Team" reading_time: "6 min read" fidelity: "exact" generator: "notaria-markdown/1" --- # The notarial will, checked clause by clause. A notarial will is received by a notary, generally in the presence of a witness (art. 716 C.c.Q.); it does not have to be verified upon death, unlike holograph and witnessed wills (art. 772 C.c.Q.). NotarIA checks every clause and cites every finding; the notary decides. ## The essentials The Civil Code of Québec recognizes three forms of will: the notarial will, received by a notary generally in the presence of a witness (art. 716 C.c.Q.); the holograph will, written entirely in the testator's hand and signed by them (art. 726 C.c.Q.); and the will made before witnesses, signed by the testator in the presence of two witnesses (art. 727 C.c.Q.). The notarial form offers particular security: it is hard to challenge and needs no verification upon death. Holograph and witnessed wills must, upon death, be verified under the procedure set out in the Civil Code (art. 772) — a step that takes time and can give rise to challenges. The notarial will, for its part, is registered in the Chambre des notaires du Québec's register of testamentary dispositions, which makes it traceable upon death. These pointers are general information; the choice of form and the drafting belong with your notary. ## Where to be vigilant - **Form and witness** — Each form has its requirements (art. 716, 726, 727 C.c.Q.): presence and qualification of the witness, signatures, date and place. A defect of form can nullify the will. - **The testator's capacity** — The testator must be capable of willing at the time of the act; any sign of incapacity or undue influence calls for particular attention and a note in the file. - **Legacies and the liquidator** — Designation of heirs and legatees, particular legacies, appointment and powers of the liquidator: the wording must be clear, complete and internally consistent. - **Revocation and prior wills** — A new will generally revokes earlier incompatible provisions; the act should state clearly what it replaces to avoid conflicting readings. - **The register of dispositions** — Upon death, a search in the Chambre's register of testamentary dispositions locates the last notarial will; skipping it risks settling the estate on the wrong basis. ## What the copilot checks - **Missing clauses per act type** — The will agent compares the draft to the expected elements: revocation, legacies, liquidator, possible substitution, payment of debts. - **Outdated references** — Articles and regulations cited in the will are verified; a repealed or replaced reference is flagged. - **Inconsistent parties, dates, designations** — Names, capacities, family relationships and dates are compared across the draft and against the file's documents. - **Cited, graded findings — the notary decides** — Every finding points to its source, is graded by severity and filed into a dated pre-signature report; the notary confirms, rejects or finalizes. ## Frequently asked questions ### What is the difference between a notarial will and a holograph will? A notarial will is received by a notary (art. 716 C.c.Q.); a holograph will is written entirely in the testator's hand and signed by them (art. 726 C.c.Q.). Upon death, only the notarial will escapes mandatory verification (art. 772). ### Is a holograph will valid in Québec? Yes, if it meets its form: written entirely and signed in the testator's hand (art. 726 C.c.Q.). It will however have to be verified upon death (art. 772), which generally lengthens the settlement. For your situation, consult a notary. ### How is a will located upon death? Generally, one searches the Chambre des notaires' register of testamentary dispositions, where notarial wills are registered, and the Barreau's register for wills received by a lawyer. The estate's notary usually handles this. ## Check your next will, clause by clause. Request a demo of NotarIA on a draft will from your practice. ## See also - [The compliance copilot](https://notaria.solutions/en/features/compliance-copilot) - [The protection mandate, checked clause by clause](https://notaria.solutions/en/features/acts/protection-mandate) - [Glossary of Québec notarial law](https://notaria.solutions/en/glossary) --- Assistant — not legal advice. The notary reviews, signs and decides on every act.