Victory of Allen Madelin Avocats in Bruneau v. Vincent – Superior Court of Québec
In the 2023 decision of Bruneau v. Vincent, the Superior Court of Québec was asked to determine whether a 2015 will—signed by the deceased while suffering from severe brain illness—should be annulled on grounds of incapacity and undue influence (captation).
Presumption of Capacity Upheld
Justice Sophie Picard reaffirmed a core principle of Quebec succession law: a testator is presumed capable of making a will unless proven otherwise.
- The plaintiffs failed to provide clear and convincing medical or testimonial evidence of incapacity.
- Testimony from the notary and relatives confirmed the testator remained lucid, autonomous, and aware of her choices.
- No expert medical report was filed to contradict this presumption.
The Court concluded that the deceased retained legal capacity at the time of signing the will.
Undue Influence Allegations Rejected
The plaintiffs alleged manipulation by the beneficiaries. Justice Picard stressed that undue influence must be proven with serious, precise, and concordant evidence.
- The Court found no credible proof of coercion or deceit.
- The will reflected the testator’s appreciation for the defendants’ ongoing support during her illness.
- The judge highlighted that testamentary freedom includes the right to change one’s mind, even if it displeases others.
The claim of undue influence was therefore dismissed.
Abuse of Process Argument Denied
The defendants sought to characterize the action as abusive and requested reimbursement of extrajudicial fees.
- While the Court acknowledged the plaintiffs lacked strong evidence (notably the absence of medical expertise), their concerns were not frivolous.
- The context raised legitimate doubts, justifying a full hearing.
- The Court declined to declare the action abusive, but awarded costs against the plaintiffs.
A Clear Victory for Allen Madelin Avocats
The Court upheld the 2015 will, dismissed the plaintiffs’ claims, and reinforced key principles of Quebec succession law:
- Presumption of capacity.
- High bar for proving undue influence.
- Caution before declaring an action abusive.
This represents a clear victory for Allen Madelin Avocats, underlining our expertise in estate litigation and inheritance disputes in Montréal.
Allen Madelin Avocats – Leaders in Succession and Estate Law
For more than a decade, Allen Madelin Avocats has been a trusted firm in succession law, estate disputes, family law, and civil litigation. Our lawyers are dedicated to defending testamentary freedom 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
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