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

In Quebec, the minimum age is 18. Full age is 18 (C.c.Q. art. 153), and a person with the required capacity may make a will (art. 703). A minor may not dispose of property by will except property of little value (art. 708).

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.

What laws govern wills and powers of attorney in Quebec?

In Quebec, wills are governed by the Civil Code of Quebec (C.c.Q.), arts. 712-762, and powers of attorney for property by the Civil Code of Quebec (C.c.Q.), art. 2166. Each section on this page links to the official source.

FREE GUIDE: QC

Wills & Power of Attorney: Quebec

This page is the free Quebec guide. No sign-in. Read on, or take the checklist as a PDF.

Facts checked September 2026 · See what changed · How we check

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.

1
Part 1: Will
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Minimum age
18 years old
Full age is 18 (C.c.Q. art. 153), and a person with the required capacity may make a will (art. 703). A minor may not dispose of property by will except property of little value (art. 708).
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.
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2
Part 2: Power of Attorney for Property
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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
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3
Part 3: Personal-Care / Health-Care Directive
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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 →
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4
When to see a lawyer or notary in Quebec
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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.
Keep it with the rest. This one files behind tab 7 of the Home File.
Next step
Executor Guide: Quebec
Named as executor? Probate, CRA TX19, compensation.
When Someone Dies: Quebec
Death Certificate, Service Canada, CRA: free checklist.
Where Everything Is: the non-legal companion to a will and powers of attorney →
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5
Common questions: Quebec
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What is the minimum age to make a will in Quebec?
In Quebec, the minimum age is 18. Full age is 18 (C.c.Q. art. 153), and a person with the required capacity may make a will (art. 703). A minor may not dispose of property by will except property of little value (art. 708).
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.
What laws govern wills and powers of attorney in Quebec?
In Quebec, wills are governed by the Civil Code of Quebec (C.c.Q.), arts. 712-762, and powers of attorney for property by the Civil Code of Quebec (C.c.Q.), art. 2166. Each section on this page links to the official source.
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
Facts checked September 2026
Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer
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Informational guide only. Guidepost is not a law firm. This guide explains the typical process and is not legal advice. Requirements can change. Verify current rules with the relevant government authority or a qualified professional before you act.