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Comparative Succession LawVolume II: Intestate Succession$
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Kenneth Reid, Marius de Waal, and Reinhard Zimmermann

Print publication date: 2015

Print ISBN-13: 9780198747123

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198747123.001.0001

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Intestate Succession in Quebec

Intestate Succession in Quebec

(p.52) 3 Intestate Succession in Quebec
Comparative Succession Law

Lionel Smith

Oxford University Press

Quebec’s civil law of intestate succession was initially derived from French customary law and continues to bear some imprint of this origin, despite its evolution over the years. Since 1866, it has been based in large part on post-revolutionary French law as embodied in the French Civil Code. And yet, unlike other civilian systems, Quebec law has, since 1774, allowed full freedom of testation. This chapter traces the historical development of the law of intestate succession that proceeds in four distinct stages: the period of uncodified civil law received from France (1663 to 1763); the period of uncodified civil law as modified by the British regime (1763 to 1865); the Civil Code of Lower Canada (1866 to 1993); and the Civil Code of Québec (1994 to the present day). It also explains the law relating to first nations (Indian Act).

Keywords:   intestate succession, succession law, Civil Code of Lower Canada, Civil Code of Québec, Indian Act, Canadian law, French law

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