The Civil Code of Quebec provides indeed the possibility for a successor to retract after he had voluntarily renounced his rights in a succession. On the other hand, this is only possible if three conditions are met:
- The successor must accept the succession within ten years as from the day when his right opened
- The succession must not have been accepted by another successor, even tacitly.
- The prior renunciation made by the successor must have been voluntary.
Retraction must be made by notarial act in minute or by judicial declaration. A successor who has retracted is deemed to have never renounced the succession and we consider that he has accepted the succession as soon as his right opened.