The Public Curator (Denis Marsolais for the date) role is to ensure the welfare and protection of the patrimony of an incapable person. Normally, he oversees the administration of tutorship and curatorship. This organisation also helps curators and members of … Read More

When a person dies, will search is one of the first things to do. It is important to find out whether or not the deceased had a will registered in the Quebec register. This is why will search has to … Read More

So, what is curatorship? Sadly, one day you could notice that your family member becomes incapable of taking care of himself with loss of autonomy associated with aging and physical disabilities. You mother can’t manage her house and her property. … Read More

Undue influence (captation), as you may know, is a reason to annul a Will. This means that the singing person was not really making a free and informed choice. In other words, somebody else has strongly and fraudulently affected his … Read More

Power of attorney A power of attorney is a contract in which a person (mandator) authorizes another person (mandatary) to represent and perform certain act on his behalf. For example, you might want to go on a long vacation and … Read More

Say, you want to contest a Will and you need some proof. What are the good proofs? A bad argument is often worse than no argument, because it irritates a judge and opens way for the claim of abusive procedure … Read More

You are sure that the Will “smells bad” and yet the testator was in his sound mind? Then the question is usually if the testator’s consent to change his Will was free and informed (not based on a mistake). Or … Read More

Capacity to testate often becomes a reason to contest a Will. In Laroque c Gagnon (2016 QCCA 1237) the Court of Appeal has looked into the case where the person signed a Will, while already being incapable totally and permanently, … Read More

You want to probate a mandate in case of incapacity (now called a “protection mandate“)? The mandator’s mental stalility is probably already changed, most probably. Likewise, same might be true about the personality itself. For instance, memory loss, aggressive behaviour, … Read More

Access to medical files to contest a Will is a serious question. A disinherited person often contests the Will for undue influence and incapacity of the deceased. In addition, a contesting person sometimes invokes blindness and deafness . Most importantly, … Read More