The Chambre des notaires du Québec intervened in a case in the Court of Appeal involving a public interest issue relating to the criteria that must be satisfied in order for disclosure of a will that has been revoked to be authorized

On May 3, 2022, the Court of Appeal of Quebec dismissed the appeal in a case in which the appellants, the children of the late Robert Plante, appealed from a judgment of the Superior Court, District of Saint-Hyacinthe, dismissing their application for an order that five testamentary instruments that had been revoked be disclosed.

On appeal, the case raised a public interest issue: determination of the criteria to be satisfied in order for disclosure of a will that has been revoked to be authorized. The case also dealt with the professional secrecy that applies to a notarized will. On that point, the Chambre des notaires du Québec was given authorization to intervene and was successful in having the Court recognize that professional secrecy applies in respect of a notarized will.

A Fasken team composed of Antoine Aylwin, Yoni Feingold and Marie-Ève Labonté represented the Chambre des notaires du Québec in their intervention in this case.