La protection des intértêts des bénéficiaires de promesses testamentaires


  • Jean Merlini
  • Donald Poirier


This article deals with the problem of younger adults who accept to take care of older people in return for a promise to receive benefits under a will and the promise is broken. Four remedies are considered. The first remedy finds its source in contract law, the second one in the law of equity, the third one in the doctrine of unjust enrichment and the last one in the Testators's Family Maintenance Act. The authors suggest legislation modifications comparable to those contained in the Law Reform (Testamentary Promises) Act of New Zealand