The Civil Code of Quebec – Notarial WILL

 

DIVISION II

NOTARIAL WILLS
716. A notarial will is executed by a notary, en minute, in the presence of a witness or, in certain cases, two witnesses.
The date and place of the making of the will shall be noted on the will.

1991, c. 64, a. 716; I.N. 2014-05-01.

717. A notarial will is read by the notary to the testator alone or, if the testator chooses, in the presence of a witness. Once the reading is done, the testator shall declare in the presence of the witness that the act read contains the expression of his last wishes.
The will is then signed by the testator, the witness or witnesses and the notary, in each other’s presence.

1991, c. 64, a. 717; 1992, c. 57, s. 716; I.N. 2014-05-01.

718. The formalities governing notarial wills are presumed to have been observed even when this is not expressly stated, subject to the laws governing the notarial profession.
However, if formalities particular to certain wills apply, the act must mention the reason for their observance.

1991, c. 64, a. 718; I.N. 2014-05-01; I.N. 2015-11-01.

719. The notarial will of a testator who cannot sign contains a declaration by him to that effect. This declaration also is read by the notary to the testator in the presence of two witnesses, and it compensates for the absence of the signature of the testator.

1991, c. 64, a. 719.

720. The notarial will of a blind person is read by the notary to the testator in the presence of two witnesses.
In the will, the notary declares that he has read the will in the presence of the witnesses, and this declaration also is read.

1991, c. 64, a. 720.

721. The notarial will of a deaf person is read by the testator himself in the presence of the notary alone or, if he chooses, of the notary and a witness. If the testator is able to do so, he reads the will aloud.
In the will, the testator declares that he has read it in the presence of the notary and, where such is the case, the witness. If the testator is unable to speak, the declaration is read to him by the notary in the presence of the witness; if he is able to speak, it is read aloud by the testator himself, in the presence of the notary and the witness.

1991, c. 64, a. 721; 2013, c. 27, s. 24.

722. A person unable to express himself aloud who wishes to make a notarial will conveys his wishes to the notary in writing.

1991, c. 64, a. 722.

722.1. A deaf person who, being unable to speak, read or write, cannot avail himself of the other provisions of this section may make a notarial will, provided he conveys his wishes to the notary through a sign-language interpreter.
The testator, in the presence of the notary and a witness, declares, through the same means, that the document translated to him by the interpreter is his will.
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 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 notary, the testator and the witness, 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. 25; 2016, c. 4, s. 96.

723. In no case may a notarial will be executed by a notary who is the spouse of the testator, is related to the testator in either the direct or the collateral line up to and including the third degree, or is connected to that extent by marriage or a civil union to the testator.

1991, c. 64, a. 723; 2002, c. 6, s. 235; I.N. 2014-05-01; 2016, c. 4, s. 97.

724. The notary before whom a will is executed may be designated in the will as the liquidator, provided he fulfils that office gratuitously.

1991, c. 64, a. 724; I.N. 2014-05-01; I.N. 2015-11-01.

725. A witness called upon to be present at the making of a notarial will shall be named and described in the will.
Any person of full age may witness a notarial will, except an employee of the officiating notary who is not himself a notary.