What is a clause prohibiting the transfer of property in a will?

An non-transferability clause is a provision by which the testator limits, for a , the beneficiary’s right to sell, give away, mortgage, or otherwise dispose of the property bequeathed to them. In other words, the property remains in the beneficiary’s estate, but the beneficiary cannot dispose of it freely during the specified period.

To be valid, the non-disposal clause must comply with the requirements of the Civil Code of Québec, in particular:

• Be temporary, since the law does not permit a perpetual prohibition.

• Be justified by a serious and legitimate interest, demonstrating that the restriction serves a reasonable purpose (protection of a vulnerable beneficiary, preservation of family property, etc.).

• Must not deprive the beneficiary of the use or enjoyment of the property, except as provided by law.

This clause is often used when the testator wishes to preserve a specific asset or prevent it from being sold or encumbered prematurely, while ensuring that the beneficiary can still benefit from it.