Civil Code of Quebec – HOLOGRAPH WILLS, WILLS MADE IN THE PRESENCE OF WITNESSES

 

DIVISION III

HOLOGRAPH WILLS
726. A holograph will shall be written entirely by the testator and signed by him, without the use of technical means.
It is subject to no other formal requirement.

1991, c. 64, a. 726; 1992, c. 57, s. 716; I.N. 2014-05-01; 2016, c. 4, s. 98.

DIVISION IV

WILLS MADE IN THE PRESENCE OF WITNESSES
727. A will made in the presence of witnesses is written by the testator or by a third person.
The testator then declares in the presence of two witnesses of full age that the document he is presenting is his will. He need not divulge its contents. He signs it at the end or, if he has already signed it, acknowledges his signature; he may also cause a third person to sign it for him in his presence and according to his instructions.
The witnesses sign the will forthwith in the presence of the testator.

1991, c. 64, a. 727; I.N. 2014-05-01.

728. Where the will is written by a third person or by technical means, the testator and the witnesses initial or sign each page of the act which does not bear their signature.
The absence of initials or a signature on each page does not prevent a will made before a notary that is not valid as a notarial will from being valid as a will made in the presence of witnesses, if the other formalities are observed.

1991, c. 64, a. 728; I.N. 2014-05-01; I.N. 2015-11-01; 2016, c. 4, s. 99.

729. A person who is unable to read may make a will in the presence of witnesses, provided the will is read to the testator by one of the witnesses in the presence of the other.
The testator, in the presence of the same witnesses, declares that the document read is his will and signs it at the end or causes a third person to sign it for him in his presence and according to his instructions.
The witnesses sign the will forthwith in the presence of the testator.

1991, c. 64, a. 729; 2013, c. 27, s. 26; I.N. 2014-05-01.

730. A person who is unable to speak but able to write may make a will in the presence of witnesses, provided he indicates in writing, otherwise than by technical means, in the presence of the witnesses, that the document he is presenting is his will.

1991, c. 64, a. 730; I.N. 2014-05-01; 2016, c. 4, s. 100.

730.1. A deaf person who, being unable to speak, read or write, cannot avail himself of the other provisions of this section may make a will in the presence of witnesses, provided he conveys his wishes to the drafter through a sign-language interpreter.
The testator, in the presence of the witnesses, declares, through the same means, that the document translated to him by the interpreter is his will. Where possible, the testator affixes his signature or a personal mark at the end of the will. Otherwise, the testator has a third person sign for him, in his presence and in accordance with his instructions. The witnesses then sign the will immediately in the presence of the testator.
The interpreter is chosen by the testator from among interpreters qualified to exercise their functions before the courts and may in no case be the spouse of the testator or be related to the testator in either the direct or the collateral line up to and including the third degree, or be connected to that extent by marriage or a civil union to the testator.
The interpreter must first swear in writing, before the drafter, the testator and the witnesses, to carry out his functions with impartiality and accuracy and not to disclose any information related to his mandate. The original of the oath is attached to the will.

2013, c. 27, s. 27; I.N. 2015-11-01; 2016, c. 4, s. 101.

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