Conventional appointment - Legal lexicon
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Legal lexicon > Conventional appointment

Conventional appointment

The conventional appointment or gift made in contemplation of death is a testamentary provision which may appear in a marriage or civil union contract and which, under the Civil Code of Quebec, may be revoked unless otherwise stated. 

This provision allows to bequeath property to the surviving spouse (it is a clause that is commonly known as "surviving spouse" clause). 

It is thus to say that if, in the marriage contract, it is not specified that the gift will be irrevocable, it can be cancelled by the gift of the same property in another act, such as a Will

The opposite is also valid because any stipulation in the Will can be modified by a marriage contract. The most recent act will have precedence and prevail and that, as long as no stipulation of irrevocability will come to affect such a gift.

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