Free guide: QC
Wills & Power of Attorney: Quebec
Quebec uses civil law. This guide covers wills (notarial, holograph, and witnessed forms), the Protection Mandate, and Advance Medical Directives under the Civil Code of Quebec.
Quebec: civil law province
Quebec uses the Civil Code of Québec (C.c.Q.) rather than common law. Instrument names and rules differ significantly from other provinces. Consulting a Quebec notary is strongly recommended for wills and Protection Mandates.
General information only, not legal advice. This guide creates no will, POA, or directive. Laws change; consult a lawyer or notary and verify current rules directly with the official provincial source before acting.
Part 1: Will
Minimum age
18 years old
Capacity at the age of majority (18) (C.c.Q. art. 703).
Witnesses required
Three valid forms (art. 712): (1) Notarial will: executed before a Quebec notary (no probate required, recommended for significant estates); (2) Holograph will: entirely handwritten and signed; (3) Will before 2 witnesses (arts. 727-730).
Holograph (handwritten, no witnesses)
Valid: entirely in your handwriting and signed (art. 726). A notarial will (testament notarie) is preferred for significant estates: it avoids the probate process entirely.
Curative power (court can fix a flawed will)
Curative power (art. 714) applies to holograph and witnessed wills only, not to notarial wills.
Official source
Civil Code of Quebec (C.c.Q.), arts. 712-762Never have a beneficiary witness your will
A legacy to a witness under a witnessed will is "without effect" (art. 760). Use witnesses who are not beneficiaries.
Part 2: Power of Attorney for Property
Quebec special requirement
Springing only: takes effect on incapacity after a medical and psychosocial assessment AND court homologation (judicial confirmation). For immediate financial management, an ordinary mandate (art. 2130) is required: a Protection Mandate cannot serve as an immediate POA.
Called in Quebec
Protection Mandate (mandat de protection)
The person you appoint is called
mandatary
Witnessing required
Notarial act OR before 2 witnesses (art. 2166).
Enduring (survives incapacity)
The Protection Mandate is springing-only: it takes effect on incapacity after court homologation. For immediate management, use an ordinary mandate (art. 2130).
Official source
Civil Code of Quebec (C.c.Q.), art. 2166Part 3: Personal-Care / Health-Care Directive
Called in Quebec
Protection Mandate (personal care included in the same document)
The person you appoint is called
mandatary
Witnessing required
Notarial act OR before 2 witnesses.
Quebec also has: Advance Medical Directives (directives medicales anticipees)
A separate, binding instrument under the Act respecting end-of-life care (s.51). Made by notarial act or on a Sante Quebec form before 2 witnesses. Binding on clinicians, independently of any Protection Mandate.
Official source →When to see a lawyer or notary in Quebec
Download the Quebec checklist
All the instrument names, witnessing rules, and checklist items above in a branded PDF. Free. This checklist does not create any legal document.
Free. General information only, not legal or regulatory advice.
Next step
Executor Guide: Quebec
Named as executor? Probate, CRA TX19, compensation.
When Someone Dies: Quebec
Death Certificate, Service Canada, CRA: free checklist.
Common questions: Quebec
What is the minimum age to make a will in Quebec?
Is a handwritten (holograph) will valid in Quebec?
What is a power of attorney for property called in Quebec?
What is a personal-care directive called in Quebec?
What laws govern wills and powers of attorney in Quebec?
Wills & POA guides for other provinces
Last updated: June 2026
Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer