Access to medical files to contest a Will is a serious question. A disinherited person often contests the will for undue influence and incapacity of the deceased. In addition, a contesting person sometimes invokes blindness and deafness . Most importantly, such a person usually needs access to the medical records and files. No surprise, the acting liquidator is not happy with the request. He is not normally willing to cooperate. And so the disinherited person finds himself in front of the judge. This is to ask the Court to grant access. Moreover, if this doesn’t go well, there might be even an appeal.
The fine moment is that even a child of the deceased is not automatically allowed to access medical files to contest a Will, if this child is not an heir. Above all, this is the question of confidentiality, protected by law. Therefore, only the information about the cause of death and genetic or hereditary diseases is available to the relatives of the same kin.
Relevant evidence
According to the Supreme Court decision in Frenette c Métropolitaine (La), compagnie d’assurance vie ([1992] 1 RCS 647), in judicial context medical documents should be available if they are relevant as an evidence. Particularly, in cases where a health condition of a person is the main question. Thus, article 251 of the Code of Civil Procedure is an appropriate procedural way to access medical records.
The Court of Appeal in Nazzari c. Nazzari (2016 QCCA 1334 (CanLII)) showed that medical files are essential when the ability of the deceased to understand and sign the Will is in question. The Court also noted that in Quebec the doctors’ professional secret is far less absolute than the lawyers’ and notaries’ privilege.
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.
