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?

An exemption clause protects the property from seizure by the beneficiary’s creditors, but it does not prohibit the sale or mortgaging of the property. The beneficiary remains free to dispose of it, unless another restriction is expressly provided for.

If the testator also wishes to prevent the sale, transfer, or mortgaging of the property for a certain period, they must include a non-transferability clause that complies with the requirements of the Civil Code of Québec. This clause imposes a separate restriction, which must be justified and temporary to be valid.

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