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Earlier this year the Quebec superior court rendered a judgment in the case of Québec (Curateur public) c. A.N. (Succession de), 2014 QCCS 616 (CanLII) where the court clarified the nature of a beneficiary’s right in a testamentary discretionary trust.
In this case, the beneficiary of the testamentary discretionary trust had a serious mental health condition similar to autism, which made him entirely dependent on his mother until her death. The beneficiary’s condition and inability to provide for his own needs made him eligible to receive financial and social assistance payments from the ministère de l’Emploi et de la Solidarité sociale (the “Department”). Read the rest of this entry »