Free guide — QC

Wills & Power of Attorney — Quebec

Q: What is the minimum age to make a will in Quebec?

In Quebec, the minimum age to make a will is 18. Capacity at the age of majority (18) (C.c.Q. art. 703).

Q: What is a power of attorney for property called in Quebec?

In Quebec, the instrument for managing someone's finances if they lose capacity is called a "Protection Mandate (mandat de protection)". The person appointed is called the mandatary. 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. Witnessing: Notarial act OR before 2 witnesses (art. 2166).

Q: What is a personal-care or health-care directive called in Quebec?

In Quebec, the instrument for health and personal-care decisions is called a "Protection Mandate (personal care included in the same document)". The person appointed is called the mandatary. Witnessing: Notarial act OR before 2 witnesses.

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

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)

YES

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. 712-762

Never 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. 2166

Part 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.

Official source

Civil Code of Quebec (C.c.Q.), arts. 2166+ / Act respecting end-of-life care (S-32.0001)

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

Making or updating a will: always recommended. A lawyer-drafted will is typically inexpensive relative to estate value.

Any power of attorney for property or personal-care directive -- the person you appoint will have significant authority.

Quebec: a notarial will (testament notarie) avoids probate entirely -- strongly recommended for significant estates.

Quebec: a Protection Mandate requires court homologation to take effect. A notary should be involved from the start.

Quebec: a property POA legally requires a QC lawyer -- a lawyer is not optional here.

Complex situations: business interests, cross-border assets, blended family, minor children, or capacity concerns.

Verify current rules with a lawyer -- legislation changes and this guide may not reflect the most recent amendments.

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?

In Quebec, the minimum age is 18. Capacity at the age of majority (18) (C.c.Q. art. 703).

Is a handwritten (holograph) will valid in Quebec?

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.

What is a power of attorney for property called in Quebec?

In Quebec it is called a "Protection Mandate (mandat de protection)". The person appointed is the mandatary. 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. Witnessing: Notarial act OR before 2 witnesses (art. 2166).

What is a personal-care directive called in Quebec?

In Quebec it is called a "Protection Mandate (personal care included in the same document)". The person appointed is the mandatary. Witnessing: Notarial act OR before 2 witnesses.

Wills & POA guides for other provinces

ON — Ontario BC — British Columbia AB — Alberta SK — Saskatchewan MB — Manitoba NB — New Brunswick NS — Nova Scotia PE — Prince Edward Island NL — Newfoundland & Labrador

Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer