Canada—Quebec

Abstract

This chapter analyzes the Province of Quebec which has exclusive jurisdiction over civil law and procedure. Unlike the other nine provinces, the chapter argues that its civil law is not grounded in the common law but in the French tradition of codification and custom now exemplified by the Civil Code of Quebec and the Code of Civil Procedure. This chapter then presents the three forms of will recognized as valid and executory by the Civil Code of Quebec: the notarial will, the holograph will, and the will made in the presence of witnesses. It also tackles the order of succession in cases of intestacy under Quebec law. Unless otherwise provided by testamentary dispositions, the chapter emphasizes that a succession devolves to the surviving married or civil union spouse and relatives of the deceased. Where there is no heir, it falls to the state. Ultimately, this chapter reviews the freedom of testation and the compulsory shares for husband/wife/common law wife, civil partner, children. It also looks at the rights and obligations of an exclusive owner as regards his or her share.