Marriage entails the establishment of a family patrimony consisting of certain property of the spouses regardless of which of them holds a right of ownership in that property (article 414 C.c.Q). Article 415 of the Civil Code of Quebec lists the property included in the family patrimony, namely: The residences of the family or the … Read more
The Property owned by one or the other spouses that does not form part of the Family Patrimony forms instead part of their matrimonial regime. In Quebec, the legal matrimonial regime is called the Partnership of Acquests. In other words, if spouses are married without a marriage contract, they are automatically subject to the matrimonial … Read more
The deceased can designate the person or persons who will hold the office of liquidator of their estate in their last will and testament. The liquidator is responsible for the administration and “liquidation” of the estate, including making and publishing an inventory of the estate and paying the estate’s debts and legatees by particular title. … Read more
In the Province of Quebec, there are two (2) general categories of estates that determine the distribution of a deceased individual’s property: a) Intestate When a person dies without leaving a last will and testament, their estate is referred to as being intestate, also known as a legal succession. An intestate estate devolves to the … Read more
In Yared v Karam, 2019 SCC 62 (Yared), the Supreme Court of Canada (“SCC” or “Court”) grappled with conflicting rights and obligations at the intersection of trusts and family patrimony under the Civil Code of Quebec Read More…
An interesting article where Residence held in trust can be included in the division of property at separation in Quebec: SCC is discussed. Read More…