Under civil law in Québec, the succession of a person opens by his death at the place of his last domicile, being the place of his principal establishment, a concept different from that of residence.
As a general rule, Québec private international law provides that succession to movable property is governed by the law of last domicile of the deceased, while succession to immovable property is governed by the law of the place where the property is situated.
Thus, if a non-Quebec-domiciled deceased owned a condominium in Québec, the succession to this immovable would be governed by Québec civil law. A testator may have designated, in accordance with Québec private international law, the law applicable to his entire succession, provided that it is the law of the State of his nationality or of his domicile at the time of the designation or of his death, even if some of the property forming the estate is immovable property located in Québec. Moreover, Québec private international law allows a testator to designate, the law of the place where an immovable held by him is situated, but only with regard to that immovable.
Probating a foreign will in Québec can be expensive and complex to administer. It may be advisable to plan ahead for a notarized will in Québec concerning the immovable property, designating Québec civil law, to facilitate its transfer.
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