Does a clause exempting property from seizure prevent a sale? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Succession settlement process > Does a non-attachment clause prevent the beneficiary from selling the property?

Does a non-attachment clause prevent the beneficiary from selling the property?

A clause protecting asset from seizure by the beneficiary's creditors does prevent its sale or mortgage . beneficiary remains free to dispose of it unless another restriction expressly stipulated.

If the testator also wishes to the sale, alienation, or mortgage of the property for a period, they must include a clause of inalienability that complies with requirements of the Civil Code of Québec . This clause imposes a limitation, which must be justified and temporary to be valid.

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