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