Successions, captation, nullity of disguised donation

The Quebec Court of Appeal rules that a deed of sale with insufficient consideration flowing from the purchaser may be construed as a donation. The deed may therefore be declared null and void under the doctrine of captation, which has been held to apply to donations and wills only. In this case, shortly after signing his will in which he disinherited his other children, the testator sold an immovable property to one of his sons at a fraction of the value. The other heirs were successful in challenging the sale agreement on the grounds that at the time it was made, the testator was in a captation situation, i.e. under the influence of the son who got his father to sell him the property. (Martin v. Martin, January 8, 2008). Dubé Légal inc.,Montreal Civil and Commercial Litigation Lawyers.