RDPRM - Publication of a seizure-proof stipulation in a will

Description

• A exemption clause is a provision included in a will or a gift that, when it complies with the requirements of the Civil Code of Québec, temporarily protects the bequeathed or gifted property from seizure by the beneficiary’s creditors. 

• To be valid, this clause must be included in a gratuitous instrument, be time-limited, and be justified by a serious and legitimate interest, such as the protection of a vulnerable beneficiary or the preservation of family assets. 

• To be enforceable against third parties, it must also be published in the Register of Personal and Real Rights in Movable Property RDPRM, when such publication is required. The liquidator of the estate or the donee may complete this formality to ensure the full legal effectiveness of the clause. 

• For further legal information on liquidating or settling an estate, we invite you to consult our frequently asked legal questions.

• A period of 3 to 10 business days will be required for the preparation of your service request

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