Letters of Verification: What Are They For?
Letters of verification certify that a will brought up to the Court is proven to be the only will made by the deceased or the last will made. These letters are meant to be used outside of Quebec to prove an interested person’s position with respect to a succession: an heir, a legatee by particular title or a liquidator.
Legal Weight of the Letters of Verification
There is a common view that application for letters of verification is just a formality: after all, they can be revoked or corrected on application by any interested person (who did not oppose their issue initially or brings up new grounds to oppose). New letters of verification are issued after they are rectified by a judgment. In this sense letters of verification do not constitute a res judicata — a final judicial say on the matter.
For example, Me Naivi Chikoc Barreda, the renowned scholar and the author of the article “La preuve de la succession internationale en droit quebecois : ces étranges lettres de vérification destinées à l’étranger” (in the Revue du Barreau, tome 73, 2014), is of clear opinion that the letters of verification do not have a quality of res judicata as they can be contested after being issued. In terms of practice, this means that the letters of verification issued in Quebec for the use in another jurisdiction should not prevent an interested person to contest a Will which is already judicially certified to be the only (or the last) will made by the deceased — particularly, when the validity of the said Will is contested in Court.
When Letters of Verification Should Not Be Issued
Yet the Superior Court Judge, rendering the decision with respect to the letters of verification (file number 500-14-054548-185) in March 2019 appeared to be of a different opinion. The Court there refused issuing the letters of verification in the view of an application to contest the Will already filed with the Court. Consolidation of proceedings was ordered. Indeed, the litigation was between the same parties related to the same object: validity of the Will. Therefore, said the judge, there was a risk of contradictory judgments.
The will was notarized and at the time its formal validity was not questioned. Yet the Court specifically mentioned that it “cannot pronounce itself on letters of verification of the Will pursuant to article 463 CCP as that article would require the Court to state that “it has been proven that the will is the only will made [by the deceased] or the last will made by him”, which cannot be proven at the time given the allegations made (…) in the Demande to annul [the will].”
Following this judgment, it appears that letters of verification for another jurisdiction cannot be issued in case where the validity of the Will is questioned in Court even though the Will meets the formal requirements for a notarial Will.
How can we help
We are a law firm with concentrated experience in succession law. So we face the question of liquidator remuneration fairly often.
Feel free to contact us with questions about the role of a liquidator, about Wills or any other questions with respect to successions: 514-904-4017, email: [email protected].
This blog post contains only general information, please don’t take it for a legal advice. For all legal questions regarding your particular situation do not hesitate to consult your lawyer.
