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Declaration relating to a testamentary legacy: in what cases, and how does it work?

A specific legacy — a particular item left to a person by will, distinct from the general division of an estate — may require a sworn declaration to confirm its acceptance, the precise identification of the item bequeathed, or other facts that the will alone is not enough to establish.

This declaration differs from a general estate declaration — it concerns one specific legacy, not the estate's assets as a whole.

Estate declaration for heirs: when and how to have it sworn?

In what situations is it requested?

  • formal acceptance of a specific legacy by the legatee;
  • precise identification of a bequeathed item when the will's description is ambiguous;
  • transferring a bequeathed item at an institution requiring additional confirmation;
  • confirming that no condition attached to the legacy has been breached.

What should the declaration contain?

  • the legatee's identity and their connection to the deceased;
  • a precise description of the legacy concerned;
  • the facts the declaration is meant to establish;
  • a statement of truthfulness.

Can it be sworn online?

Yes, when the document and situation are eligible for remote oath commissioning, by videoconference.

Online oath commissioning in Québec: how does it work?

Assermentation Express

Assermentation Express is not a government website and does not replace notarial advice for settling an estate. This service is limited to receiving the oath or solemn affirmation on a document already prepared.

Do you need a declaration relating to a testamentary legacy sworn? Check availability and book your appointment online.

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Sources and references

← Assermentation Express
Declaration relating to a testamentary legacy