Murder suspect to be disinherited
A young man that’s the sole suspect in the murders of his parents and grandmother a year ago is also heir to their money. But he’s on the road to being disinherited, although surely this would depend on his conviction?
Nicholas 14:34 on 2024-01-31 Permalink
There’s a lower standard to win a case in a private lawsuit versus a criminal trial, so he could stay out of jail but lose the money. I’m not a lawyer.
Kate 15:08 on 2024-01-31 Permalink
I doubt there are any other possible suspects, but if it turned out the young man is innocent, surely he would deserve to inherit?
Nicholas 17:22 on 2024-01-31 Permalink
Oh, for sure. But innocent and not guilty are not the same thing. OJ was not guilty in the criminal trial but lost the civil trial, because it was judged 50%+1 likelihood he killed her, but the other jury found it wasn’t beyond a reasonable doubt. Sometimes you also have someone be not guilty of murder, but they would have been guilty of manslaughter, but the prosecutor didn’t bring that as an option because they didn’t want the jury to have a chance to compromise. I would guess, based on the coverage, this guy loses the inheritance regardless, but I haven’t looked at the facts enough and no one knows for sure.
H. John 18:51 on 2024-01-31 Permalink
The article, as is often the case, doesn’t give enough information.
There are two articles of the Quebec Civil Code that could have been used:
620. The following persons are unworthy of inheriting by operation of law:
(1) a person convicted of making an attempt on the life of the deceased;…
or
621. The following persons may be declared unworthy of inheriting:
(1) a person who has subjected the deceased to ill treatment or who has otherwise behaved towards him in a seriously reprehensible manner;…
The article says the liquidator is using art. 621 to try to disinherit Galarneau. It doesn’t say who the liquidator is, or what their personal interests might be. An heir can and often is the liquidator.
As Kate points out the criminal case will be important to whether or not Galarneau can be disinherited. He can both be found to have committed the acts and be found non criminally responsible which would mean art. 621 cannot be used against him.
“Piché c. Fournier, un homme déclaré non criminellement responsable du meurtre de ses parents avait été déclaré indigne de succéder à sa mère au motif que l’assassinat de celle-ci constituait des sévices et un comportement hautement répréhensible. Or, la Cour d’appel a cassé ce jugement en concluant que l’article 621 C.C.Q. réserve en principe la sanction de l’indignité aux seuls sévices et comportements répréhensibles volontaires et intentionnels. En l’espèce, les gestes du fils résultaient d’un délire d’une telle ampleur qu’il l’avait privé de tout discernement, le rendant incapable de distinguer le bien du mal. Quant à ses agissements avant le meurtre, ils s’inscrivaient dans le contexte du délire mental que la schizophrénie occasionnait chez lui.”
And previous reporting has pointed out that Galarneau has a history of mental illness.