Victory of Allen Madelin Avocats in Estate Litigation Before the Superior Court of Québec
In Guénette v. Guénette, Justice Janet Michelin of the Superior Court of Québec addressed three key succession law issues: undue influence (captation), indignity to inherit, and renunciation of succession.
Validity of the Holograph Will
The Court upheld the validity of a holograph will dated December 15, 2013. Entirely handwritten and signed by the deceased, the document clearly reflected her testamentary intent. Testimonial evidence and handwriting comparisons confirmed that the deceased was lucid, autonomous, and expressing her true wishes at the time of writing.
Undue Influence (Captation) Rejected
The plaintiffs alleged undue influence by the heir. Justice Michelin emphasized that the burden of proof lies with the party alleging influence. As no serious, precise, or concordant evidence was provided, the claim was dismissed. The Court relied on Stoneham et Tewkesbury v. Ouellet to reinforce the evidentiary threshold.
Indignity to Inherit and Lack of Standing
The plaintiffs also sought to have the heir declared unworthy of inheriting. Justice Michelin dismissed the claim, pointing to articles 621 and 623 of the Civil Code of Québec, which require that only a person with a direct legal interest in the succession may act. As the deceased named only one universal legatee without substitutes, the plaintiffs lacked standing.
Tacit Renunciation Argument Dismissed
Finally, the plaintiffs argued that the heir tacitly renounced the succession. Justice Michelin rejected this claim, finding no evidence of bad faith or prejudice to other heirs as required under article 651 C.C.Q. Since the deceased had named only one heir, the provision did not apply.
A Clear Victory for Our Client
The Court confirmed the validity of the holograph will, dismissed all challenges, and upheld the heir’s rights. This judgment represents a clear victory for Allen Madelin Avocats, highlighting our expertise in complex estate litigation in Montréal.
Allen Madelin Avocats: Leaders in Succession and Estate Law
For more than a decade, Allen Madelin Avocats has been a trusted name in succession law, estate disputes, family law, and civil litigation. Our lawyers are dedicated to protecting the last wishes of the deceased and the rights of heirs with precision and determination.
Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125.For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
? Initial consultation: $125
? Phone: 514-904-4017
? Email: [email protected]
or more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
