Estate Planning Lawyers

When someone dies or a loved one can no longer manage their affairs, the questions come fast: is there a will, is it valid, who is in charge, and what if the family disagrees? An estate lawyer can answer those questions and act for you when a matter becomes contested or has to go before the court. On this page you can compare estate lawyers, see their rates and availability, and book a consultation online.

What an estate lawyer does in Quebec

In Quebec, estate work is shared between two professions. Notaries prepare notarial wills and handle many estate settlements from start to finish, especially when everything goes smoothly. Lawyers usually step in when a document must be verified or challenged, when people disagree, or when a judge must decide. Depending on your situation, a lawyer can help with:

• Wills made before witnesses and holograph wills: advising on how these wills are made, and on what happens to them after a death.
• Probate (verification) of a will: having a holograph will or a will made before witnesses verified so it can be carried out.
• Protection mandates: preparing a mandat de protection and, when the person becomes incapable, applying to have it homologated (approved) so it can take effect.
• Contesting a will: challenging a will's validity, for example over its form, the person's capacity when they signed it, or undue influence.
• Disputes between heirs: conflicts over the division of property, the family patrimony, debts of the estate or the liquidator's decisions.
• Liquidator (executor) issues: advising a liquidator on their duties, or acting for heirs who want answers, an account or a replacement.
• Incapacity: what to do when a person can no longer manage their affairs and there is no mandate.

The three kinds of wills in Quebec

Quebec law recognizes three forms of will. The Quebec government's page on wills explains each one in more detail.

• Notarial will: made before a notary, who keeps the original and registers it. It generally does not need to be verified after the death, which is one reason many people choose it.
• Will made before witnesses: signed in front of witnesses under specific rules. It can be prepared with a lawyer, who can also register it. After the death, it must be verified before it can be carried out.
• Holograph will: written entirely by hand and signed by the person making it. It is simple to make but easy to get wrong, and it also has to be verified after the death.

A lawyer can explain the trade-offs between the forms and when a notary is the better fit.

Finding a will: the registries

After a death, the first step is usually to find out whether there is a will and which one is the most recent. In Quebec, notaries register the wills and mandates they receive in the registry of the Chambre des notaires, and lawyers can register wills and mandates in the Barreau du Québec's registry of wills and mandates. A complete search usually means asking both registries. An unregistered holograph will does not show up in a search, so also check the person's papers.

Protection mandates and incapacity

A protection mandate (mandat de protection) lets you choose, in advance, who will take care of you and your property if you become unable to do so. It can be made before a notary or, like a will, before witnesses. It does not take effect on its own: once incapacity is established, the mandate must be homologated, which involves medical and psychosocial assessments and an approval process. The Quebec government's page on the protection mandate describes the steps.

A lawyer can prepare a mandate before witnesses, handle the homologation, and step in when family members disagree about the person's incapacity or about who should act. When there is no mandate, other protective measures may be needed, and a lawyer can explain the options.

How estate matters work in Quebec

Many estates are settled without going to court: the liquidator lists the property and debts, pays what is owed and distributes the rest, often with a notary's help. The Superior Court of Québec comes in when something needs a judge. It can verify wills and homologate mandates, although in many cases a notary can also handle those steps outside of court. It also decides disputes, such as a contested will, a disagreement over the liquidator's conduct, or a conflict over how the estate is divided.

Heirs also have important choices to make, such as whether to accept the estate or renounce it, and some of those choices have strict deadlines. Get advice before you act, especially if the estate may have more debts than property.

When to get a lawyer

• You found a holograph will or a will made before witnesses and it needs to be verified.
• You believe a will is invalid, was signed under pressure, or does not reflect the person's wishes.
• The heirs cannot agree on how to divide the estate, or someone refuses to cooperate.
• You are a liquidator facing a difficult estate, a conflict or a demand for an account.
• A loved one has become incapable and their protection mandate needs to be homologated, or there is no mandate.
• You want to make a will before witnesses or a protection mandate and want it done properly.

Not sure how to choose? Our guide on how to choose a lawyer in Quebec walks you through it.

Preparing for your consultation

• The will or mandate, or a copy, and any older versions you know of.
• The death certificate, if the person has died, and any registry search results.
• A list of the main property, accounts and debts, even if it is incomplete.
• The names of the heirs, the liquidator and anyone else involved.
• Your questions: what your options are, what could happen, and how the lawyer charges.

Compare and book on JustiConnect

Browse the estate lawyers listed below, compare their experience, languages, rates and availability, and book a consultation directly. You can also search all estate lawyers or look for estate lawyers in Montreal. To confirm that a lawyer is a member of the bar, check the Barreau du Québec.

Frequently asked questions

Do I need a lawyer or a notary for a will in Quebec?

Only a notary can make a notarial will. A lawyer can help you with a will made before witnesses, explain your options, and act for you if a will is verified, interpreted or contested. For a simple notarial will, a notary is usually the natural choice.

What does an estate lawyer do in Canada?

It depends on the province. In Quebec, an estate lawyer mostly handles will verification, protection mandates, advice to liquidators and heirs, and estate disputes, while notaries do much of the non-contentious work.

How do I know if there is a will?

Ask for a search in the registries of the Chambre des notaires and the Barreau du Québec, and look through the person's papers for a holograph will. The most recent valid will is generally the one that applies.

What happens if a protection mandate was never homologated?

The mandate does not take effect until it is homologated. If the person has become incapable, the family or the named mandatary can start the process, and a lawyer can guide them through it.