On January 27, 2017, the deceased died and left behind her U.S., Canadian, particularly a property located in Mont-Tremblant, and Italian assets.
The Appellants, grandchildren of the deceased, sued to have many wills signed by the deceased invalidated and request declarations of unworthiness of inheriting from the deceased.
As many of the allegations submitted in the Plaintiff’s application originating proceedings were related to events and property located outside the country, the defendants submitted a declinatory motion to the jurisdiction of the Superior Court under sections 3135 and 3153 of the Civil Code of Québec. In a decision rendered by the Superior Court of Québec on August 4, 2021, the Court granted partially the motion and declined competency to the exception of specific Wills and Property specific to Québec.
The Court of Appeal concluded that it is appropriate to limit the jurisdiction of the courts of Quebec under art. 3153 para. 2 C.C.Q. to the assets situated in Quebec. The trial judge was right to limit his jurisdiction to the validity of the written instruments dealing with the devolution of Quebec property only. This was the first decision in Québec on the subject.
A Fasken team composed of Antoine Aylwin and Louis Thomas Bélanger represented the heir in this matter. The decision of the Court of Appeal is of vital importance to the judicial system, since the legislative provisions at issue had been the subject of very little analysis until now. The decision therefore clarifies the state of the law.
Jurisdiction
- Québec
