Civil Code of Québec, 1991

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A legacy to a spouse before divorce or dissolution of a civil union is revoked unless the testator clearly intended otherwise in the will.

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765. Express revocation is made by a subsequent will explicitly declaring the change of intention. A revocation that does not specifically refer to the revoked act is nonetheless express. 1991, c. 64, a. 765.

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A will that revokes another will may be made in a different form from the revoked will.

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Destroying, tearing, or erasing certain wills can revoke the will if the testator did it deliberately or instructed it, and erasing a provision can revoke the related legacy.

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A later testamentary provision revokes an earlier one to the extent they conflict.

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Alienating bequeathed property can revoke the bequest for the property alienated, unless the testator provided otherwise.

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770. Revocation of a previous express or tacit revocation does not revive the original provision, unless the testator manifested a contrary intention or unless such intention is apparent from the circumstances. 1991, c. 64, a. 770; I.N.

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The court may revoke or change a charge on a legacy if unforeseen circumstances make performance impossible or too burdensome.

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772. A holograph will or a will made in the presence of witnesses is probated, on the application of any interested person, in the manner prescribed in the Code of Civil Procedure (chapter C-25.01). The known heirs and successors shall be

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A person who has acknowledged a will cannot later contest its validity, but may apply for probate.

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A will that is not produced may not be probated.

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Testimony about a will may be accepted if the will cannot be produced because it was lost, destroyed, or held by a third person, and there was no collusion by the person relying on the will.

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Liquidation of an intestate or testate succession involves identifying and calling in the successors, determining the succession’s content, recovering claims, paying succession debts, paying particular legacies, rendering an account, and delivering the property.

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The liquidator has the seisin of heirs and legatees for liquidation, may claim property against them, and the designation or replacement must be published and registered.

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A testator may change the liquidator’s seisin, powers, and obligations, and arrange for liquidation or will execution; clauses that block necessary liquidation acts or waive the inventory requirement are ineffective.

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If a succession is manifestly solvent, the heirs may agree to liquidate it without following the prescribed liquidation rules.

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The deceased person's patrimony stays separate from the heir's patrimony until the succession is liquidated.

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The succession property is used to pay the succession’s creditors and legatees by particular title before any creditor of the heir.

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The heir’s property may be used to pay succession debts only if the heir owes more than the inherited property and the succession property is insufficient.

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Two categories of persons may hold the office of liquidator.

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A person is not bound to accept the office of liquidator of a succession unless he is the sole heir.

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The office of liquidator passes to the heirs unless a testamentary provision says otherwise.

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If the sole heir is a minor or under tutorship or a protection mandate, the heir’s representative must appoint a liquidator other than himself, unless a testamentary provision says otherwise. The representative may also set how the liquidator is replaced.

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A testator may designate one or more liquidators and may set how replacements are made.

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Liquidators who hold office together must act jointly unless the will, or failing that the heirs, exempt them; if one liquidator cannot act, the others may act alone for conservatory matters and urgent acts.

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The court may, on application by an interested person, designate or replace a liquidator when the heirs do not agree or when appointing or replacing the liquidator is impossible.

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789. The liquidator is entitled to the reimbursement of the expenses incurred in fulfilling his office. He is entitled to remuneration if he is not an heir; if he is an heir, he may be remunerated if the will so provides or the heirs so

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790. The liquidator is not bound to take out insurance or to furnish other security guaranteeing the performance of his obligations, unless the testator or the majority of the heirs require it or the court orders it on the application of

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An interested person may ask the court to replace a liquidator if the liquidator cannot perform the office, neglects duties, or fails to fulfill obligations.

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If a liquidator is not designated, delays accepting or declining office, or is to be replaced, an interested person may apply to court for protective measures. The costs of inventory and seals are charged to the succession.

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Acts done by someone who in good faith believed he was the liquidator of a succession are valid and may be used against anyone.

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The liquidator must make an inventory as prescribed in the Title on Administration of the Property of Others.

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795. Closure of the inventory is published in the register of personal and movable real rights by registration of a notice identifying the deceased and indicating the place where the inventory may be consulted by interested persons. The

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The liquidator must inform specified heirs, successors, legatees, and known creditors about the registration of the notice of closure and where the inventory can be consulted, and must send them a copy of the inventory if that can easily be done.

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Certain succession stakeholders may contest the inventory, agree to its revision, or request a new inventory.

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The liquidator must verify an existing inventory and confirm that the notice of closure was registered and that all required persons were informed.

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The liquidator may be exempted from making an inventory only if all heirs and successors consent.

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If heirs know the liquidator is refusing or neglecting to make the inventory, they must act within 60 days after the six-month deliberation period ends, or they may become liable for succession debts above the value of the property they take.

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Heirs who mix estate property with their own before inventory may be liable for succession debts beyond the value of what they take; if the mixing happens after inventory but before liquidation ends, they are personally liable up to the value of the mixed property.

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The liquidator must deal with the succession’s property as an administrator of property of others charged with simple administration.

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The liquidator must search to find out whether the deceased made a will.

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The liquidator administers the succession and realizes property as needed to pay debts and legacies.

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If a liquidator has an action against the succession, the liquidator must notify the Minister of Revenue.

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If a liquidation lasts more than one year, the liquidator must give an annual management account to unpaid heirs, creditors, and particular legatees.

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If a succession is manifestly solvent and the liquidator has confirmed that all creditors and particular legatees can be paid, the liquidator may pay advances to certain creditors, heirs, and particular legatees.

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If the succession property is enough and claims in proceedings are provided for, the liquidator must pay known creditors and known legatees by particular title as they come forward, and must also pay ordinary public utility bills and other debts when due or under agreed terms.

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The liquidator must pay the surviving spouse’s compensatory allowance and related claims as part of the succession debt.

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If a succession is not manifestly solvent, the liquidator must wait 60 days before paying the succession’s debts or legacies by particular title.

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811. If the property of the succession is insufficient, the liquidator may not pay any debt or legacy by particular title before drawing up a full statement thereof, giving notice to the interested persons and obtaining homologation by the

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812. Where the property of the succession is insufficient, the liquidator, in accordance with his payment proposal, first pays the prior or hypothecary creditors, according to their rank; next, he pays the other creditors, except with

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If the succession’s other property is not enough to pay debts, the liquidator may sell or reduce legacy property in a set order; legatees may agree on another settlement.

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If the succession property is not enough to pay all legatees by particular title, the liquidator pays preferred legatees under the will first, then legatees of certain and determinate property.

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Known creditors and legatees by particular title omitted from the liquidator’s payments may have actions against heirs and certain legatees; creditors also have a subsidiary action against other creditors.

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Late-appearing unknown creditors and legatees by particular title generally have no action against certain heirs or paid legatees, and they lose any preference over heirs’ or legatees’ personal creditors.

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If the reserve in a payment proposal is insufficient, the creditor may seek payment from heirs who received advances and legatees, and then from other creditors proportionally.

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A hypothecary creditor with an outstanding claim may retain hypothecary rights against the person who received the hypothecated property, in addition to a personal action.

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Liquidation is complete once known creditors and known legatees by particular title are paid, their claims and legacies are otherwise settled or assumed, or the assets are exhausted.

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The liquidator’s final account must include a proposal for partition if the will or a majority of the heirs requires it.

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The liquidator may render an amicable account at any time if all the heirs concur.

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After the final account is accepted, the liquidator must deliver the property to the heirs.

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823. The sole heir to a succession is liable, up to the value of the property he takes, for all the debts not paid by the liquidator. However, the creditors and legatees by particular title who do not present themselves until after the

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A usufruct legatee is solely liable to creditors for unpaid debts left by the liquidator, including capital proportionate to what is received, and for hypothecs on property received.

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A usufruct legatee for the whole succession must pay any annuities or support set by the testator, without recourse against the bare owner.

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Heirs are liable for unpaid legacies left by the liquidator, but only up to the value of the property they receive.

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Legatees by particular title may be liable for unpaid debts and legacies if the heirs’ property is insufficient.

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If a particular legacy includes a universality of assets and liabilities, the legatee is solely liable for the related debts, subject to creditors’ subsidiary action against the heirs and other particular legatees if the universality’s property is insufficient.

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An heir or legatee by particular title who pays more than their share of debts and legacies may seek reimbursement from coheirs or colegatees.

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If a coheir or colegatee is insolvent, that person’s share of debt payment or legacy reduction is split among the other coheirs or colegatees in proportion to their shares, unless one of them agrees to bear the whole amount.

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A usufruct on bequeathed property is borne without recourse by the legatee of the bare ownership, and a servitude is borne without recourse by the legatee of the charged property.

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If unpaid creditors’ or legatees’ rights are exercised before partition, the shares must be adjusted to account for heirs’ or legatees’ claims for amounts they paid above their shares. If those rights are exercised after partition, the overpaying heirs’ or legatees’ rights are exercised under the rules for warranty of co-partitioners, unless the partition agreement says otherwise.

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The testator may change how heirs and legatees by particular title are made liable for debts and reduction of legacies, but those changes cannot be set up against creditors.

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An heir who assumes succession debts beyond the value of the property taken, or is liable for them, may be held liable on personal property for unpaid debts.

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An heir may ask the court to reduce the heir’s obligation or limit liability to the value of property taken, if the heir acted in good faith and later circumstances substantially change the obligation.

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Partition cannot take place, and cannot be applied for, before liquidation ends.

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The testator may defer partition for a limited time if there is a serious and legitimate reason.

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If all heirs agree, partition is made using the liquidator’s proposal or as they choose; if they disagree, partition cannot occur except under Chapter II and the Code of Civil Procedure forms.

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Despite an application for partition, indivision may be kept for a deceased person’s family enterprise, or for shares or other securities connected with it if the deceased was the principal partner or shareholder.

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Indivision may be maintained for the family residence or certain household movable property, even if the surviving spouse has ownership, usufruct, or use rights.

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An heir meeting the stated pre-death connection to the enterprise or family residence may apply to court to keep the indivision in place.

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When deciding an application for maintenance of indivision, the court must consider the testamentary provisions, the interests involved, and the family’s and heirs’ livelihood from the undivided property.

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On an heir’s application, the court may stay immediate partition of property, in whole or in part, to avoid a loss and keep the property individed.

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A court may set conditions for maintenance of indivision, but it cannot be granted for more than five years unless all interested persons agree. It may also be renewed in specified family-related circumstances.

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The court may order partition if the reasons for keeping property undivided have ended, or if the indivision is intolerable or creates great risks for the heirs.

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If indivision maintenance is sought for specific property, the rest of the succession property may still be partitioned. Heirs may also satisfy an objecting heir by paying out his share or giving other succession property after evaluation.

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A person who is entitled only to enjoyment of a share in undivided property may participate only in a provisional partition.

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An heir may exclude a non-heir transferee from the partition by paying the transferee the value of the succession right at the time of withdrawal plus related transfer costs.

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Partition may cover all or only part of the undivided property.

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If undivided shares are equal, the shares are divided to match the number of heirs or partitioning roots; if they are unequal, they are divided as needed for a drawing of lots.

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When composing the shares, account must be taken of the testamentary provisions and related claims, spouse rights, preference requests, objections, and reserve funds; fiscal consequences and other listed factors may also be considered.

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When composing shares, immovables and enterprises should not be split up.

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Heirs in indivision making an amicable partition may agree how to compose the shares, decide how they will be allotted or drawn by lot, and, if needed, set the terms of sale for property to be partitioned.

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If heirs in indivision cannot agree on how shares are composed, a court-designated expert composes them; if they cannot agree on allotment, allotment is decided by drawing lots.

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Each heir may apply for preferential allotment of particular property or a share.

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A surviving spouse may require that the family residence, or the right to use it, and household movable property be included in the spouse’s share.

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If several heirs seek priority allotment of the deceased’s residence, the person who lived there gets preference, subject to the surviving spouse’s rights.

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Where there is a preference allotment issue, the enterprise or its connected shares/securities are allotted by preference to the heir who was actively participating in the enterprise at the time of death.

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If several heirs claim the same preference right, or if an allotment application is contested, the dispute is settled by lot or, for certain property, by the court.

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If co-partitioners contest the determination or payment of an equalizing sum, the court determines the sum and may set guarantee and payment terms if needed.

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861. The property is appraised according to its condition and value at the time of partition. 1991, c. 64, a. 861.

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If certain property cannot be conveniently partitioned or allotted, the interested persons may decide to sell it.

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If the interested persons cannot agree, the court may designate experts, order sale of the property, set sale terms, or order a stay of partition.

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Creditors of the succession and an heir’s creditors may attend the partition and intervene, at their own expense.

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After partition, the heirs choose a depositary for the titles; if they cannot agree, the choice is made by lot.

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At partition, an heir who asks may obtain a copy of the titles to property in which they retain rights, at common expense.

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For partition, each coheir must return to the mass what the coheir received from the deceased by gift or will if there was an express obligation to return it.

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A person representing another in a succession must return what the represented person would have had to return, plus what the representative owes personally.

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A return is owed only to the succession of the donor or testator, and only between coheirs.

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An heir may choose to make a return in kind only if he still owns the property and has not charged it with a usufruct, servitude, hypothec, or other real right.

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A coheir entitled to a return by taking less must pre-take property from the succession mass equal to the return’s value.

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872. A return by taking less may also be made by imputing the cash value of the property received to the share of the heir. 1991, c. 64, a. 872; I.N. 2014-05-01.

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873. Unless otherwise provided in the gift or will, property returned by taking less is valued at the time of partition if it is still in the hands of the heir, or on the date of alienation if it was alienated before partition. Bequeathed

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The value of property returned by an heir is adjusted up or down based on value changes caused by the heir’s disbursements, personal initiative, necessary disbursements, or acts or omissions.

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The heir may keep the property that must be returned in kind until the amounts owed to him are reimbursed.

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An heir must make a return for property lost because of the heir’s acts or omissions, unless the loss was caused by superior force.

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Co-partitioners may agree to return charged property in kind, and the return does not prejudice the holder of the right.

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The fruits and revenues of returned property, or interest on the returnable amount, are returnable from the opening of the succession.

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An heir taking part in a partition must return certain debts to the estate mass and to co-partitioners, unless the testator ordered release effective at the opening of the succession.

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If the debt to be returned is greater than the heir’s hereditary share, the heir must pay the excess.

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If an heir who must make a return also has a claim, compensation is applied and the heir returns only the balance of the debt.

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882. A return is made by taking less. The pre-taking effected by the coheirs or the imputation of the amount to the share of the heir may be set up against the personal creditors of the heir who is bound to make the return. 1991, c. 64, a.

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A return must be made for the debt’s value, including capital and interest, when partition occurs.

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884. Partition is declaratory of ownership. Each co-partitioner is deemed to have inherited, alone and directly, all the property included in his share or which devolves to him through any partial or complete partition. He is deemed to

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An act intended to end indivision between co-partitioners counts as a partition, even if it is called a sale, exchange, transaction, or something else.

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886. Subject to the provisions concerning the administration of undivided property and the juridical relationships between an heir and his successors, acts performed by an heir in indivision and real rights granted by him in property which

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887. Acts validly made during indivision resulting from death retain their effect, regardless of which heir receives the property at partition. Each heir is then deemed to have made the acts concerning the property which devolves to

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This section says the declaratory effect also applies to claims against third persons, certain assignments made during indivision by a coheir, and seizures by a coheir’s creditors.

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Co-partitioners are only warrantors to each other for disturbances and evictions caused by a pre-partition cause, and each co-partitioner remains a warrantor for evictions caused by personal acts or omissions.

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If a co-partitioner's debtor becomes insolvent before partition, the same warranty arises as in an eviction.

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The warranty does not arise if the eviction was excluded by a stipulation in the act of partition, and it ends if the co-partitioner is evicted through his own fault.

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Each co-partitioner must indemnify the other for eviction-related loss in proportion to their share.

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If a co-partitioner is insolvent, the indemnity they owe is divided proportionately among the warrantee and the solvent co-partitioners.

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The action in warranty is prescribed by three years.

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895. Partition, even partial, may be annulled for the same causes as contracts. However, instead of an annulment, a supplementary or corrective partition may be effected in any case where it is to the advantage of the

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896. Mere omission of undivided property does not give rise to an action in nullity, but only to a supplementary partition. 1991, c. 64, a. 896.

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897. In deciding whether lesion has occurred, the value of the property is considered as at the time of partition. 1991, c. 64, a. 897.

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The defendant in an action in nullity of partition may end the action and stop a new partition by offering and delivering the plaintiff the supplement from the defendant’s share of the succession, in money or in kind.

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898.1. Animals are not things. They are sentient beings and have biological needs. In addition to the provisions of special Acts which protect animals, the provisions of this Code and of any other Act concerning property nonetheless apply

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899. Property, whether corporeal or incorporeal, is divided into immovables and movables. 1991, c. 64, a. 899.

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This section classifies land, certain permanent constructions and works on land, and integral parts of land as immovables; plants and minerals remain immovables while still attached to the land; fruits and other products of the soil may be treated as movables when they are the subject of a disposition.

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Movables incorporated with an immovable become an integral part of that immovable if they lose their individuality and ensure its utility.

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902. Integral parts of an immovable that are temporarily detached therefrom retain their immovable character if they are destined to be put back. 1991, c. 64, a. 902.

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Some movables attached to an immovable are treated as immovables, but movables used in the immovable to operate an enterprise or carry on activities stay movables.

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904. Real rights in immovables, as well as actions to assert such rights or to obtain possession of immovables, are immovables. 1991, c. 64, a. 904.

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Things that can be moved are movables.

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Waves or energy harnessed and put to use by a person are deemed corporeal movables.

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All other property, if not qualified by law, is movable.

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Property may be classified, by its relation to other property, as capital, fruits, and revenues.

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909. Property that produces fruits and revenues, property appropriated for the service or operation of an enterprise, shares of a legal person or partnership, the reinvestment of the fruits and revenues, the price for any disposal of

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This section defines what counts as fruits and revenues of property.

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A person may hold ownership or another real right in property, possess property, or hold, administer, or act as trustee for others’ property.

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The holder of a right of ownership or other real right may take part in judicial proceedings to have the right acknowledged.

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913. Certain things may not be appropriated; their use, common to all, is governed by general laws and, in certain respects, by this Code. However, water and air not intended for public utility may be appropriated if collected and placed

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Unowned things may be appropriated by occupation if the taker intends to become their owner.

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915. Property belongs to persons or to the State or, in certain cases, is appropriated to a purpose. 1991, c. 64, a. 915.

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Property may be acquired by contract, succession, occupation, prescription, accession, or another method provided by law; but no one may take State property for personal use by occupation, prescription, or accession, and no one may acquire certain public-interest legal persons’ property appropriated to public utility.

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917. Property confiscated under the law is, upon being confiscated, property of the State or, in certain cases, of the legal person established in the public interest authorized by law to confiscate it. 1991, c. 64, a. 917.

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Certain territory not owned by natural persons or legal persons, and not transferred to a trust patrimony, belongs to the State.

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The State owns the beds of navigable and floatable lakes and watercourses up to the high-water line, and this also generally applies to certain non-navigable, non-floatable waters bordering land alienated by the State after 9 February 1918.

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Any person may travel on watercourses and lakes if they have legal access and follow the stated limits.

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Possession means exercising a real right in fact, personally or through another person who detains the property, with the intention of acting as the holder of that right.

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