Quebec is a civil law jurisdiction compared to the rest of the jurisdictions in Canada which follow the common law system. Therefore, caution should be exercised when reviewing the materials on this site which are based on common law principles. In particular, civil law in Quebec deals with trusts and beneficiary designations differently from the rest of Canada. Persons with trusts and beneficiary designations established outside of Quebec who are contemplating moving to Quebec should seek legal advice in advance of the move as the change in residency could invalidate what has previously been put in place.
Wills – The required age in Quebec to be able to make a Will is 18 with a couplel of minor exceptions. Holograph Wills are permitted. Notarial Wills, if prepared by a licensed notary and otherwise in compliance with Quebec law, do not require probate. Non-notarial Wills (Wills executed in the presence of witnesses) are also permited under Quebec law but they can be subject to the requirement for probate. Marriage does not revoke a Will made under Quebec law.
Power of Attorney for Property – This is referred to as a mandate in Quebec and deals with everyday financial decisions like paying bills and completing banking transactions. It does not survive incapacity and it must be accepted by the decision maker (called the “mandatary”) to be effective. A mandate made in anticipation of incapacity gives the appointed decision maker full authority over financial or health care decisions or both. However, this latter from of mandate is only effective after being approved by the court based on proof of the mandator’s (grantor’s) incapacity.
Power of Attorney for Personal Care – This is referred to as a mandate in anticipation of incapacity and can also include authorization over financial decisions. As stated above, it is only effective after being approved by the court based on proof of the mandator’s (grantor’s) incapacity.
Estate Administration Tax (probate fee) – There is a flat fee of $99 for natural persons.
Age of Majority – 18