3.5 How is a will probated?
[Student Manual, page 17]
There are two ways to probate a will: probate in court and probate by a notary.
1. Probate in court
You must ask the Superior Court in the judicial district (area covered by the court) where the deceased person lived to probate the will. It can take 3-4 weeks after the application is filed to have the will probated.
2. Probate by a notary
You can ask a notary to probate the will. It costs about $100 to probate a will, plus the lawyer’s or notary’s fees.
3.6 Can someone contest a will?
[Student Manual, page 17]
You can contest the will if you believe the testator was not of sound mind, or was under pressure when he or she wrote the will.
You cannot contest the will just because you are not happy with your share of the property.
You must contact a lawyer (not a notary) if you want to contest the will.
3.7 Where do I register my will?
[Student Manual, page 17]
You can have your will registered in the Quebec Register of Wills and Mandates (Registre des dispositions testamentaires et des mandats du Québec) that is kept by:
- the Chambre des notaires du Québec (Quebec Chamber of Notaries), or
- the Barreau du Québec (Quebec Bar Association).
You can also have a lawyer or a notary register your will (whether you have a holograph will, a will before witnesses, or a notarial will) in the Registre des dispositions testamentaires et des mandats du Québec (Quebec Register of Wills and Mandates).
3.8 How will my heirs know about my will?
[Student Manual, page 17]
If you have a holograph will or a will before witnesses, make sure you keep it in a safe place, like a safety deposit box, or with a lawyer. Before your death, make sure you tell someone you trust where to find your will.
