Intestate Succession in Quebec

Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann (eds), Comparative Succession Law, volume II: Intestate Succession (Oxford University Press, 2015, Forthcoming)

20 Pages Posted: 29 Jul 2015

See all articles by Lionel Smith

Lionel Smith

McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law; University of Oxford - Faculty of Law

Date Written: July 24, 2014

Abstract

When Quebec became part of the British Empire, its private law was the Custom of Paris. By the Quebec Act 1774, this customary law was retained with the important exception that full freedom of testation was granted. The customary law continued to apply, including for intestate succession, until 1866, long after it had ceased to operate in France. In that year the Civil Code of Lower Canada came into force; for intestate succession, a system based on that of the French Civil Code was adopted. This system was modified only slightly with the coming into force in 1994 of the Civil Code of Québec.

This paper traces the evolution of the law of intestate succession in Quebec up to the modern day, touching also on the different intestacy rules that may apply to First Nations people living in the province.

Keywords: succession, intestacy, civil law, common law, comparative law, legal history

JEL Classification: K1, K10, K11

Suggested Citation

Smith, Lionel, Intestate Succession in Quebec (July 24, 2014). Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann (eds), Comparative Succession Law, volume II: Intestate Succession (Oxford University Press, 2015, Forthcoming). Available at SSRN: https://ssrn.com/abstract=2635685

Lionel Smith (Contact Author)

McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law ( email )

3690 Peel Street
Montreal, Quebec H3A 1W9
Canada
514-398-4670 (Phone)
514-398-4659 (Fax)

HOME PAGE: http://www.mcgill.ca/law/about/profs/smith-lionel

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Rd
Oxford, OX1 3UL
United Kingdom

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