"Managing and preventing cross-border disputes that arise from lack of uniformity in the choice of applicable law"

CPD (Continuing Professional Development)

Resource Person:
Dr. Jeffrey Talpis, Professor, Notary titulaire de la Chaire du Notariat de l’Université de Montréal

Course description: Identifying the conflicts of law and jurisdiction triggered by conflicts arising from for example, a Canadian descendent having his last domicile in France bequeaths all his movable and immovable property to his second wife under a Quebec will, thus excluding his Mauritian children born out of a first marriage who are residing with their mother in Mauritius. He leaves behind movable and immovable property in Mauritius, France and Quebec. Contrary to the law of Quebec, where testamentary freedom dominates the law of succession, children have a forced share under French and Mauritian law. If an issue is raised by a French, Quebec or Mauritian Notary, there will be a dispute as to the rights of the parties arising in particular from an absence of uniformity as to the law(s) applicable to the succession. The course will also provide possible solutions under the forum and foreign law and in the techniques of management and preventive measures highlighting the techniques that could be employed by cross-border practitioners to manage such conflicts and where possible to prevent them.



Experience Level:
Law Practitioners & Legal Officers