1. Objectifs

Intentions :
L’auteur brosse le portrait de l’histoire de la loi entourant la succession par testament (intestate succession) au Québec, depuis la période coloniale jusqu’à nos jours.

2. Méthode

Échantillon/Matériau :
Données documentaires diverses

Type de traitement des données :
Réflexion critique

3. Résumé

«The story of the law of intestate succession in Quebec is a complex one, which proceeds in four distinct stages: (1) the period of uncodified civil law received from France […]; (2) the period of uncodified civil law as modified by the British regime […]; (3) the Civil Code of Lower Canada […]; and (4) the Civil Code of Québec […].» (p. 53) «The civil law of intestate succession in Quebec has had a number of iterations. The Custom of Paris, banished for testate succession in 1774, was largely abolished for intestate succession in 1866, although […] it still leaves a few traces in the modern law. The rights of the surviving spouse in intestate succession have been recognized since 1915, and distinctions between children based on the relationship between their parents were abolished in 1980. The overall shape of the modern law remains close to the French system that was adopted in 1866. […] In Quebec, probably the most significant failure […] relates to de facto spouses, who have no rights to succeed regardless of the length and stability of the relationship. This may be contrary to what many persons in such relationships assume to be the case, particularly since stable and long-term de facto relationships are very common in Quebec» (p. 66)