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

A clause of inalienability is a provision by which the testator limits, for a period, the beneficiary's right to sell, give away, mortgage or dispose of the bequeathed property. In other words, the property in the beneficiary's estate, but the beneficiary cannot freely dispose of during the specified period.

To be valid, the inalienability must comply with the requirements of the Civil Code of Quebec , particular:

• Being a temporary , since the law does not allow a perpetual ban.

• justified by a serious and legitimate interest , that the restriction aims at a reasonable objective (protection a vulnerable beneficiary, preservation of a family asset, etc.).

• Do deprive the beneficiary of the use or enjoyment of the property , as provided by law.

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