Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

PERSONS 33
Section IV
Testamentary tutorship
171 Tutorship is testamentary when the tutor is appointed in
a will by the surviving parent who was exercising parental
authority on the day of his death.
172 When a testator entrusts several persons, other than
consorts living together, with tutorship to the person, the
tutorship is without effect.
The court which appoints a dative tutor, however, takes
the wishes of the testator into account.
173 A testator may provide in his will for the replacement of
the tutor he appoints.
174 An heir, legatee or executor may be appointed tutor to
the person and to the property.
175 The testamentary tutor assumes office when he becomes
aware of his appointment.
If he has not refused the tutorship within two months
after he becomes aware of his appointment, he is presumed to
have accepted it.
176 If a testamentary tutor refuses to accept the tutorship, he
must do so by a notarial deed en minute or by a judicial
declaration, recorded by the court.
A copy of the deed of refusal must be sent without delay
by the notary or the prothonotary, as the case may be, for
filing in the central register of protected persons.
177 A testamentary tutor who agrees so to act must, within
thirty days after the holograph will or the will before witnesses
is probated, or within thirty days following the death if the