The will is a revocable unilateral act. | ScriptaLegal
Personal Business Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Asset protection > The will is a revocable unilateral act

The will is a revocable unilateral act

The will is essentially a revocable unilateral act in which the testator disposes by generosity of all or part of their property.

«I have nothing, I owe a lot, I will leave the rest to the poor»
Charles Gros

Testing freedom remains one of the foundations of the Code civil du Québec. To ensure this, the legislator has therefore enacted rules that are very formalistic.

A benefactor, a few years before their death, agrees in writing with their rabbi to bequeath 15% of the value of their estate to their community. In return, the community undertakes to install a commemorative plaque in the name of the benefactor in the entrance hall of their community room.

Following their death, an application for probate is presented to the Superior Court. The court rejects it and refuses to approve the document.

The Court of Appeal determines that a will "is essentially a revocable unilateral act by which the testator disposes voluntarily of all or part of their property." The Court notes that the document submitted to it is rather a written contract recording mutual obligations of the parties. Noting the absence of the unilateral nature of the document, the Court concludes that it is not a will.

The formalism surrounding a will must be respected if one does not want to disinherit those they intended to benefit.

Above all, one should not take inspiration from Sacha Guitry, who wrote: "I tore up the will I had just written, it made so many people happy that I would have ended up killing myself so as not to make them wait too long."

* C.A. 500-09-004938-973, 1998-11-17

François Forget, notary and legal advisor, along with the entire team at ScriptaLegal, are here to assist you with the preparation of your legal documents and to answer all your legal questions.
The importance of making one's last wishes known
Me François Forget - May 20, 2020
Many people neglect to express their last wishes to their loved ones. As a result, a only child, following his...
The obligations between the tenant and landlord are first governed by the commercial lease
Me François Forget - November 29, 2007
The commercial lease is often regarded, rightly so, as a lengthy, tedious, repetitive and monotonous document....
Keep a distance when planting trees on the border between two properties
Me François Forget - October 26, 2005
A property owner must prove that there is a direct causal link between the presence of the neighbor's trees and...
This browser does not support this kind of file. Please download the file to view it: Download the file
An error has occurred.