Succession law

Succession Law. In Febuary 2012, the Quebec Court of Appeal was seized of an appeal from the Superior Court's decision ordering the replacement of a testamentary succession's liquidator. The Court reminds that having the liquidator removed is an extreme measure, mostly when the liquidator has been designated by the testator. To obtain the liquidator's replacement, the Court rules that the person who requires such order has the burden of proving a misconduct, a lack of loyalty or diligence or a conflict of interests. with this decision the Court of Appeal reinforces the rule stating that the liquidator's destitution is a an extreme measure and has to be ordered only when succession's interests had suffered damage. (Roy v. Roy, 2012 QCCA 305). Dubé Légal inc., Montreal civil and commercial litigation lawyers.