Lewis Notaire Inc.
A notarial will is subject to more formalities than the previous two types of wills. The will must be received by a notary, that is, it must be:
•drawn up by a notary;
•read by the notary to the person who is making the will (testator), who is either:
◦in the presence of a witness,
◦in certain cases in the presence of two witnesses, for example when the testator is blind.
The will must indicate the date and place where it was made. Once the will has been read, it must be signed by the testator, the notary and the witness, in each other’s presence.
The notarial will has several advantages. Since the notary keeps the original and register it in the Registres des dispositions testamentaires et des mandats du Québec, there is no risk that you will lose it, and your legatees will be sure of finding it when you die. In addition, you will benefit from the notary’s experience and advice, avoiding errors that could create difficulties for your legatees. There will be less chance of someone opposing your last wishes, since this form of will, as an authentic act, is more difficult to challenge in court.
Last, when you die, your heirs will not need to have your will probated.