Knowledge Centre

Evidence of a Conversation with a Person who is now Deceased:

October 2015 Dona, Quebec

Poliquin v. Soucy, 2015 QCCS 2612

When a party tries to produce evidence of conversations that transpired with a person who is now deceased in an effort to establish the contents of a will, this evidence will be rejected given that it is hearsay. However this proof could still be admissible if it is necessary and reliable. Furthermore, a conversation with a person who is now deceased could be admitted as evidence where the intention is rather to demonstrate the state of mind and feelings of the deceased person.

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