Obtaining a Will While the Person Is Still Alive – in Quebec
Obtaining access to a person’s Will while he is still alive is, in Quebec law, generally difficult and often impossible without the testator’s consent. A Will is a deeply personal legal document that reflects the testator’s intentions regarding the distribution of their estate upon death. As long as the person is alive and legally capable, he retains full control over both the content of the will and its confidentiality. There is no general legal right for heirs, family members, or third parties to consult or obtain a copy of the will before death.
One of the main barriers is the notary’s strict obligation of professional secrecy. Under Quebec law, notaries are bound by confidentiality rules that are fundamental to their role as public officers. A notarial will is kept in the notary’s records and registered in the Chambre des notaires du Québec’s registry, but this registration does not grant access to its contents. The notary cannot disclose the existence, content, or location of a will to anyone without the express authorization of the testator, except in very limited circumstances provided by law.
The most straightforward and lawful way to obtain a Will during the testator’s lifetime is through voluntary disclosure. The testator may choose to share a copy of the will or disclose its contents to a trusted person, such as a family member or advisor. This decision is entirely discretionary. Even in situations where there are concerns about vulnerability, influence, or capacity, the law does not automatically grant access to the Will; instead, appropriate legal remedies (such as protective supervision regimes) must be pursued through the courts.
Attempts to obtain a will without the testator’s consent can raise serious legal and ethical issues. Unauthorized access, such as pressuring a notary, intercepting documents, or exploiting a vulnerable person to obtain a copy, may constitute violations of privacy, professional secrecy, or even criminal conduct. Quebec courts take a strict view of such conduct, particularly where there is evidence of undue influence, fraud, or exploitation of a vulnerable individual.
Finally, it is important to distinguish between lawful concerns and unlawful methods. While family members may have legitimate worries about the testator’s intentions or well-being, the legal framework prioritizes the autonomy and dignity of the living person. Any intervention must respect this principle and proceed through appropriate legal channels. Access to the will generally becomes possible only after death, through formal searches in the will registries and, where applicable, probate procedures.
This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.
Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125.For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
