Holograph wills

By definition, a holograph will is a handwritten will (without a computer).
This type of will can be drawn up anywhere, at any time, on any type of paper medium, provided of course that it bears your signature.
It is not necessary to sign this type of will in the presence of witnesses.

What’s in a holograph will?

As with all wills, in a holographic will you must, among other things, list your assets, clearly designate your heirs, as well as the liquidator of your estate (and his or her successor).
You can also use your will to designate a guardian for your children, as well as your wishes regarding your funeral.
It is also important to specify that you revoke any wills previously made or written, to avoid ambiguity.

Even if the date and place are not necessary for a holograph will, it is strongly recommended that you specify them, especially if the will is drawn up outside Quebec.
This will avoid any confusion as to when the will was drawn up, should you have drawn up other wills in the past or intend to draw up a new one at a later date.

As well as being the simplest form of will, drawing up a holographic will is completely free of charge.
However, please note that a holograph will must be probated by the court or a notary before the liquidation of the estate can begin.
This means that your heirs will have to pay a considerable amount to have your holographic will probated.

Don’t hesitate to contact us if you would like legal advice on drawing up your will.
Our notary will review your will and advise you on which clauses to include (and which not to!).