Renunciation of Succession in Québec: When When a Tobacco Class Action and an Error Restores the Heirs’ Rights
In Succession de Girard, the Québec Superior Court examined whether a renunciation of succession could be annulled following the discovery of a potential indemnity arising from a class action.
The Court first considered article 649 of the Civil Code of Québec (C.c.Q.), which allows a successor who has renounced a succession to withdraw the renunciation and accept the succession, provided that:
- the withdrawal occurs within ten years of the opening of the succession;
- no other successor has accepted the succession; and
- the renunciation was voluntary.
The Court concluded that the ten-year period provided for in article 649 C.c.Q. had expired, making withdrawal impossible.
However, the Court clarified that the expiry of the withdrawal period does not prevent a renunciation from being challenged under the general principles of contract law. It therefore turned to article 636 C.c.Q., which provides that an option may be annulled for the same causes and within the same time limits as contracts in general. This provision incorporates the general rules of contract law, including those relating to defects of consent. Article 1400 C.c.Q. states that an error vitiates consent when it relates to the nature of the contract, the object of the prestation, or any essential element that determined consent, provided the error is not inexcusable.
The Court confirmed that an error arising from an incomplete or inaccurate assessment of one’s assets may constitute a defect of consent. Where uncertainty was not contemplated at the time of the act, it falls outside the contractual risk and may justify annulment.
Applying these principles, the Court found that the renouncing heirs sincerely believed that the succession had little or no value at the time of their decision, being unaware of the existence of the class action. This constituted a simple error within the meaning of article 1400 C.c.Q., directly affecting the object of the prestation, namely the value of the succession.
This distinction is significant in Québec civil law, as it confirms that heirs are not deprived of remedies when their decision is based on incomplete or inaccurate information.
However, the decision also underscores the importance of exercising caution before renouncing a succession, by ensuring that the value of the estate — including any potential or uncertain claims — is properly assessed.
This text is provided for legal information purposes only. If you have a specific question regarding your personal situation, please contact a lawyer.
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