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Frequently asked questions > Marriage > Civil union > Do the gifts in a marriage contract have precedence (i.e. priority) over those of the Will?

Do the gifts in a marriage contract have precedence (i.e. priority) over those of the Will?

The gift MORTIS CAUSA has, under the Civil Code of Quebec, a revocable character and that, unless otherwise stipulated. It is thus to say that if, in the marriage contract, it is not specified that the gift will be irrevocable, it can be cancelled by the gift of the same property in another act, such as a Will. The opposite is also valid because any stipulation in the Will can be modified by a marriage contract. The most recent act will have precedence and prevail and that, as long as no stipulation of irrevocability will come to affect such a gift.

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