Now that you are ready to prepare your will, there are a number of important decisions to make starting with the type of will that is best for you. There are three types of wills that are legally recognized in the province of Quebec:

1. A holograph will is written in your own hand and signed by you; it does not require a witness. This is very immediate and costs nothing, but without the guidance of a legal advisor, your will may not be as clear as it needs to be if you want to avoid any unnecessary problems for your heirs.

2. A will made in the presence of witnesses does not have to be hand-written, but you must declare that this document is your will and it must be signed by you as well as two witnesses, who are not beneficiaries of the will. If there is more than one page to the will, each page must be initialed by you and your witnesses.

There are kits you can buy in book stores or down load from the net which show you how to write this kind of will. In the short term, it is less expensive than a notarial will, but you still do not benefit from the personalized legal advice that only a notary can provide. More importantly, a notarial will costs less in the long run.

3. The notarial will is drawn up by a notary who is recognized by law as a public officer. For this reason, it is not subject to probate and will take effect immediately upon death. This will save considerable time and expense for your estate. Basically, you can pay now and benefit from professional legal advice in the drafting of your will. Or, your estate can pay more later without the benefit of professional legal advice, as much as $500 to $1,000 more! The notarial will is signed by you, the notary and at least one witness.