Renunciation of an estate
According to what you indicated in the questionnaire, you would have renounced the estate of the tobacco victim or an heir of the tobacco victim. Someone who has renounced the tobacco victim’s estate before a notary has lost their status as heir. The person who renounced the succession would therefore not be a class member in the CQTS-Blais class action, nor would they be eligible for compensation.
Important reminder of the definition of the CQTS-Blais group
The persons covered by the CQTS-Blais class action are tobacco victims meeting the criteria and the heirs of these individuals who died after November 20, 1998. The group of individuals covered by the class action therefore does not include the family and loved ones of tobacco victims who are not their heirs.
Here is the definition of the group as specified in the Quebec Court of Appeal decision:
All persons residing in Quebec who satisfy the following criteria:
- To have smoked, between January 1, 1950 and November 20, 1998, a minimum of 12 pack/years of cigarettes manufactured by the defendants (that is, the equivalent of a minimum of 87,600 cigarettes, namely any combination of the number of cigarettes smoked in a day multiplied by the number of days of consumption insofar as the total is equal to or greater than 87,600 cigarettes). (…)
- To have been diagnosed before March 12, 2012 with :
- Lung cancer or
- Cancer (squamous cell carcinoma) of the throat, that is to say of the larynx, the oropharynx or the hypopharynx or
- Emphysema.
The group also includes the heirs of the persons deceased after November 20, 1998, who satisfied the criteria mentioned herein.
What is a renunciation of an estate and what does it entail?
The renunciation of an estate is a legal act enabling a person to refuse the estate of the deceased. This procedure must be carried out before a notary by means of a notarial deed, and must be published in the Register of Personal and Movable Real Rights (RDPRM).
Once again, someone who has renounced the tobacco victim’s estate before a notary has lost their status as heir.
To check whether you have renounced an estate, you can search the RDPRM by entering your name and date of birth. A $12 fee applies for this consultation.
Can a renunciation be retracted?
It is possible to retract a renunciation under two conditions:
- Less than 10 years have elapsed since the day the tobacco victim died; and
- No one else has accepted the estate.
If these conditions are met, the retraction of the waiver will have to be signed before a notary, which will entail costs.
To assess the impact of retracting the renunciation in your specific case, consult a notary who can guide you through the process.
If you have general questions about renouncing an estate, a notary on the Proactio team can answer them!