FAQ | Frequently Asked Questions2023-05-02T14:43:38-04:00

Family Law Mediation

Our Boisbriand law firm is at your service for family law mediation services, see our frequently asked questions…

FAQ | Family Law Mediation

At M2L Avocat, we understand family law mediation. Whenever there is conflict, we can provide efficient conflict resolution methods where an impartial mediator helps you and your spouse discuss and negotiate a common and fair agreement.

Our one-on-one approach to negotiation allows for each party to express their needs and requests, this is done in order to analyze any or all settlement options, and thus allowing each member to select the options that offer them the best protection for the interests of all family members involved.

FAQ | Family Mediation

What are the benefits of family mediation?2023-03-02T15:15:55-05:00

Family mediation is an accessible, quick and efficient process. Your involvement in the search for a solution adapted to your needs will make it possible to avoid, mitigate or settle conflicts concerning issues as important as the custody of your children, the determination of support payments or the division of the property constituting your family patrimony. In addition, the involvement of each parent allows them to take responsibility for making decisions. Another important point is that the content of the exchanges held in family mediation is strictly confidential. None of the parties will be able to use the content of the meetings in a lawsuit.

Is the mediation process subsidized?2023-03-02T15:19:23-05:00

Mediation sessions are offered free of charge to a couple who have minor or major children in their care or not for a certain number of hours and depending on the situation they are in.

You may be entitled to up to:
– 5 hours of mediation, in a separation process,
– 2 hours 30 minutes of mediation, in the case of an application for review of a judgment or an agreement, or if you have already benefited, with your ex-spouse, from family mediation services or if you have already obtained a judgment in separation.

The mediator’s fee must be exactly $110.00 per hour, which is the amount prescribed by the regulation, otherwise it will not be covered by the Ministère. This is not a subsidy.

What is the role of the family mediator?2023-03-02T15:22:08-05:00

Our mediators have all completed the training required by their respective professional orders. The mediator’s role is that of a facilitator in order to allow you to arrive at negotiated solutions that are satisfactory to all parties involved.

Who makes the decisions in family mediation?2023-03-02T15:23:13-05:00

Our family mediators will not make any decisions about your rights, interests or needs. Our family mediators will also not give you any advice of any kind. However, the family mediator assigned to your case may inform you of the state of the law in a given situation or suggest that you seek the assistance of specialists, depending on the nature of the dispute, for example, an expert in the evaluation of residency or a lawyer for legal advice or a psychosocial expert to assess your child’s particular difficulties.

Is family mediation mandatory?2023-03-02T15:24:32-05:00

No. Family mediation is a voluntary process on the part of each parent. Either parent may, at any time, on his or her own initiative or at the suggestion of the mediator, suspend or terminate the family mediation process.

What is my role as a parent during and outside of family mediation sessions?2023-03-02T15:25:52-05:00

Your commitment and adherence to the family mediation process are paramount. To do so, you must be involved at each step of the family mediation process, offering full collaboration and cooperation with each and every person involved directly, such as the other parent and the mediator, as well as with those involved indirectly, such as the real estate broker, the financial institution, the children’s teachers or other specialists.

You must demonstrate transparency and integrity by disclosing all the information necessary for a clear understanding of your marital and family situation.
You must also actively participate in the performance of certain tasks in order to successfully complete the family mediation process. In particular, you must submit your proof of income, your tax returns, the statement of your assets and liabilities and the related documentary evidence, and so on.

Can our children participate in family mediation sessions?2023-03-02T15:26:56-05:00

The presence of children is very unusual in family mediation. In rare cases, children may participate. The reason for this is very simple: to avoid putting the children at the center of the conflict.

Domestic violence and family mediation?2023-03-02T15:28:02-05:00

In the context of domestic violence, family mediation is generally not appropriate. However, it can be initiated under certain conditions specific to this type of situation.

Do I need a lawyer to start a family mediation process?2023-03-02T15:29:13-05:00

Independent counsel is not required to successfully complete a family mediation. The parties are not assisted by their lawyers during the family mediation sessions. However, each party may be advised throughout the process by a lawyer of their choice.

What topics are covered in family mediation?2023-03-02T15:30:24-05:00

Family mediation is a process made available to you to meet your needs and resolve your disputes, following a break-up or simply following the need to re-evaluate your situation. The subjects covered are as varied as custody of the children, access rights to the children by the parents or grandparents, the establishment of support payments, the review of support payments or the cancellation of support payments. It can also be useful in settling the use or sale of the principal or secondary residence, the assumption of expenses related to it, and the division of the family patrimony for married, civil union or de facto spouses.

What are the steps in family mediation?2023-03-02T14:47:34-05:00

The first meeting serves essentially to inform the parents about the procedure and rules for holding family mediation sessions. Afterwards, the parents are invited to draw up a portrait of their family situation in order to identify the priority issues and the needs of each family member. Your needs and those of the children must be clearly established to allow the family mediator to properly frame the mediation process.

During the subsequent sessions, the family mediator will help you find different settlement options. He or she will call upon your creativity and involvement in order to share some alternative options so that you can make informed decisions. The sharing of the different options will make it possible to establish a report and thus determine the optimal solution offering added value with regard to your family’s specific needs.

When does the family mediation process end?2023-03-02T14:46:31-05:00

A large percentage of family mediations end successfully with a comprehensive agreement. In some cases, a partial agreement may resolve some disputes. Those that are not resolved are usually referred to the Courts. Since it is a voluntary process, the family mediation process can be suspended for a period of time or simply stopped at the request of either parent or the family mediator.

When agreements are reached, the family mediator will give you a summary. This summary is accompanied by a recommendation that you consult qualified professionals for independent legal or other advice.

The family mediator will then provide the Family Mediation Service with a report indicating only the matters agreed upon, if any, including custody, access, division of property and support.

Why family mediation?2023-03-02T14:45:18-05:00

Family mediation is a highly effective method of resolving matrimonial disputes that is accessible to everyone. The family mediator intervenes with the parents to help them negotiate a fair and viable agreement that meets the needs of each and every member of the family and is subject to free and informed consent.

What is family mediation?2023-03-02T14:44:14-05:00

Family mediation is a voluntary process. Your concerns and expressed needs will be the focus of the mediation sessions in order to achieve optimal decision making. It is in fact a process that is adapted to the needs of each and every member of the family. The analysis of the issues and needs is done in a collegial manner between the parents and the family mediator, in order to optimize the quality of the decisions that will be made for the needs and interests of each and every member of the family.

FAQ | Estate Mediation

What is estate mediation?2023-03-02T14:22:20-05:00

Estate mediation is an accessible and highly effective method of resolving disputes. The mediator works with the executor(s) and the heirs to help them negotiate a free and informed consent agreement.

Why mediation in the context of the liquidation of an estate?2023-03-01T15:26:56-05:00

Mediation is a voluntary process. Your concerns and expressed needs will be the focus of the mediation sessions in order to achieve optimal decision making. It is in fact a process that is tailored to the needs of each and every heir. The analysis of the issues and needs is done in the presence of the liquidator, the heirs and the mediator, in order to optimize the quality of the decisions that will be made for the needs and interests of each and every member of the family.

What is the role of the mediator in the settlement of an estate?2023-03-02T14:19:28-05:00

Our mediators have all completed the training required by their professional order. Their role as mediators is that of facilitators in order to allow you to reach negotiated solutions that are satisfactory to all parties involved. Our mediators will ensure that they understand the emotional and human issues involved in the liquidation of your estate, your needs and the importance of reaching an agreement. At no time will the mediator act as legal advisor to the liquidator or the heirs. The mediator’s role will always be neutral and impartial.

What to do when conflicts arise in the settlement of an estate?2023-03-02T14:48:38-05:00

The performance of your duties as liquidator can be punctuated by an emotional burden from the heirs. The liquidator must keep a close eye on the liquidation of the estate, taking into account the deceased’s last wishes and all the interests of the heirs. You will not be immune to the occurrence of certain conflicts between the heirs or even between yourself as liquidator and the heirs. It will be important to maintain constant communication and transparency with all parties involved in order to remove any perception of bias on your part. If the situation does not resolve itself, one of our mediators can intervene in the management of conflicts that persist in the liquidation of the estate that concerns you.

The presence of a mediator from Me Martin Larocque will bring a new dimension to the dynamics between the heirs and also with respect to the liquidators. The presence of a mediator allows the parties to have the feeling that they are understood and that their needs have been heard. This feeling of being understood and listened to is part of the mediator’s role. The mediator then becomes the catalyst for breaking the deadlock in conflict situations related to the liquidation of your estate.

What are the benefits of mediation in the settlement of a disputed estate?2023-03-02T14:49:42-05:00

Estate mediation is an accessible, quick and efficient process. Your involvement in the search for a solution adapted to your needs will make it possible to avoid, mitigate or resolve conflicts concerning the emotional issues inherent in the liquidation of an estate, which most of the time involves members of the same family. Another important point is that the content of the exchanges held in mediation is strictly confidential. None of the parties will be able to use the content of the meetings in a lawsuit.

How does mediation work in the settlement of an estate?2023-03-02T14:50:49-05:00

Me Martin Larocque’s mediator will first meet with the liquidator(s) of the estate. It is important to understand that this first step is necessary to understand the issues. It is a pre-meditation meeting. The mediator assigned to your file will limit himself or herself to gathering information in an objective and impartial manner in order to be ready to welcome the heirs and begin the mediation.

Is the mediation process expensive?2023-03-02T14:52:02-05:00

Unlike the professional fees that you would have to incur on your own if you were to retain a lawyer, the professional fees payable to the mediator will be shared by all the heirs. The cost of the fees is therefore a smaller fraction of the fees you would incur to be represented by a lawyer in a legal proceeding before the Courts. The speed with which conflict situations are handled by the mediator is significantly less than the time required by the Court of Justice. This significantly reduces the cost of professional fees.

Is mediation mandatory?2023-03-02T14:53:11-05:00

No. Mediation is a voluntary process. However, in order for mediation to take place, all of the heirs must be present. Each heir may, at any time, on his own initiative or at the suggestion of the mediator, suspend or terminate the mediation.

What is my role during and outside of the mediation sessions?2023-03-02T14:54:24-05:00

Your commitment and adherence to the mediation process are paramount. To do so, you must be involved at every step of the mediation process by offering full collaboration and cooperation with each and every person directly involved, such as the liquidator, the other heirs and the mediator assigned to your file.

You must demonstrate transparency and integrity by disclosing all the information you possess that is necessary for a sound analysis, particularly the state of the estate’s assets and liabilities.

Do I need a lawyer to start an estate mediation process?2023-03-02T14:56:06-05:00

An independent lawyer is not required to successfully complete an estate mediation. Each party may be advised throughout the process by a lawyer of their choice. The parties may also be assisted by their lawyers during the mediation sessions. The presence of a lawyer for some of the heirs in the mediation process should not be viewed by the unrepresented heirs as an act of disownment. It is important to remember that each of the heirs or executors must be comfortable in the mediation process. This includes the presence of their lawyer.

What topics are covered in estate mediation?2023-03-02T14:57:23-05:00

Me Martin Larocque’s mediators are at your disposal to help you resolve all conflict situations specific to the liquidation of the estate in which you are involved. The subjects covered are very varied, such as decisions made or not made by the liquidator, the change of liquidator, the valuation of certain movables and immovables, the disposition or attribution of certain property. In fact, these are only some of the many issues that can be mediated.

Who makes the decisions in the liquidation of an estate?2023-03-02T14:58:32-05:00

Me Martin Larocque’s mediators will not make any decision concerning your rights and interests. Our mediators will also not give you any advice of any nature whatsoever. However, the mediator assigned to your file may inform you of the state of the law in a given situation or suggest that you consult specialists, depending on the nature of the dispute, for example, an expert in the evaluation of the residence or a lawyer for legal advice.

When does the process end in an estate mediation?2023-03-02T14:59:36-05:00

A large percentage of the mediations undertaken end successfully with the conclusion of a comprehensive agreement. When an agreement is unanimously accepted by the heirs, it will be put in writing and signed to confirm its legal force. In some cases, a partial agreement may resolve certain disputes. Unresolved disputes are usually referred to the Courts. Also, since it is a voluntary process, the mediation of an estate can be suspended for a given period of time or simply stopped at the request of one or other of the heirs or the mediator.

FAQ | Liquidation of an Estate

What is the role of the liquidator?2023-03-02T14:43:07-05:00

The liquidator is responsible for completing the liquidation of the deceased’s estate in accordance with the deceased’s last wishes and the formalities required by law. In order to do so, the liquidator must put aside bitterness, emotion or his personal perception of things in order to avoid making any decision that would be incompatible with his duties as liquidator. The liquidator therefore has no discretionary power to do as he or she pleases, since otherwise he or she could be held liable for any decision that goes against the wishes of the deceased and the interests of the heirs. Caution is therefore required since the liquidator manages other people’s money, i.e. that of the heirs.

Is it mandatory to accept the position of liquidator?2023-03-02T14:41:51-05:00

No. Even though the feeling of loyalty may weigh heavily in the balance, you are not obliged to accept this office. The only exception is the liquidator who is the sole heir: this person cannot withdraw, except in cases of force majeure. Professionals have developed an expertise to assist you in your duties as liquidator. This will allow you to carry out your duties while ensuring that you respect the numerous requirements imposed by the Act.

Is a will search mandatory?2023-03-02T14:40:49-05:00

Yes, the will search is a mandatory process aimed at obtaining a certificate issued by the Barreau du Québec and the Chambre de notaires confirming the existence or non-existence of a will dated and signed before a notary or a lawyer. The certificates identify the name of the professional who holds the original will.
It is mandatory to obtain a certificate of search in an estate. This is part of the duties of the executor.

Can the deceased die without a will?2023-03-02T14:39:37-05:00

Yes, the law does not require anyone to make a will. The Civil Code of Québec compensates for the absence of a will by establishing the legal terms and conditions for the liquidation of the estate.
It is strongly recommended that a legal advisor be consulted promptly in the case of the liquidation of an estate without a will.

In fact, important verifications are required to determine whether or not there is
A surviving spouse who is married or in a civil union;
A marriage contract or a civil union contract in effect that includes a testamentary clause such as “au dernier vivant” (to the last living person), which makes it possible to identify a successor;
To determine, in the absence of identifying a successor to a valid testamentary clause, the persons among whom the estate should be divided.

What to do when the solvency of an estate is uncertain?2023-03-02T14:38:35-05:00

In this context, it is advisable to consult a legal advisor without delay.
Sometimes the solvency of an estate is not clear, even after the inventory is closed.

What to do when an estate is insolvent?2023-03-02T14:37:30-05:00

In this context, it is advisable to consult legal counsel without delay.
If the value of the estate’s assets is in deficit, the liquidator cannot pay any particular debt or bequest until a complete statement of the debts and particular bequests has been prepared and notice given to those concerned. The liquidator must then have a proposal for payment approved by the Court.

Can an estate be renounced?2023-03-02T14:36:27-05:00

Yes, with some exceptions, you generally have six (6) months following the death to renounce an estate. This renunciation must be signed before a notary and published in the Register of Personal and Movable Real Rights.

In order to renounce, a person must not have performed any act of acceptance of the succession. Caution is therefore required.
In order to avoid being exposed to any liability, it is prudent to contact a legal advisor promptly.

Can all heirs renounce an estate?2023-03-02T14:35:12-05:00

Yes, in this case, the liquidation of the estate will be devolved to the State. The estate is transferred to Revenu Québec, to the Direction des successions non réclamées. After giving notice of its status by way of publication, Revenu Québec will liquidate the estate in the manner provided by law.

Do we have any obligations when we renounce an estate?2023-03-02T14:33:54-05:00

Yes, the heir(s) renouncing an estate are obliged to record it by notarial act within a maximum period of six (6) months following the death.
If this obligation is not respected, the heirs will be presumed to have accepted the succession with the ensuing debts.

Can we be responsible for the deceased’s debts?2023-03-02T14:32:53-05:00

Yes, failure to comply with certain formalities provided for by the Act during the liquidation of an estate may result in your liability for the deceased’s debts.
In particular, the liquidator must draw up an inventory of the deceased’s assets and liabilities and publish it in the Register of Personal and Movable Real Rights and in a newspaper circulating in the deceased’s locality within six months of the deceased’s death. Liquidation of the estate without respecting these formalities may result in your liability for the deceased’s debts.

Do the deceased’s bank accounts become inoperative as a result of death?2023-03-02T14:31:46-05:00

Yes, financial institutions limit access to the deceased’s account for security reasons.

It will be necessary for you, as the liquidator, to show certain documents in order to open an estate account that will allow you to have access to the sums held in the deceased’s bank and investment accounts. To this effect, the following documents will be required and requested: the will search certificates, the death certificate issued by the Director of Civil Status, the last will in force as well as a certified copy of the marriage contract of the deceased or an authentic copy of the divorce decree of the deceased.

Can the deceased’s valid passport be kept as a souvenir?2023-03-02T14:30:37-05:00

No. All valid passports must be submitted to Passport Canada with a copy of the death certificate. You will understand that this is a control measure to prevent fraud and identity theft.

Should the Public Trustee be involved in the liquidation of an estate?2023-03-02T14:29:36-05:00

In principle, no. However, there are some exceptions. For example, the tutor of a minor child who receives an inheritance of more than $25,000.00 in his or her name must inform the Public Curator.

What is the purpose of the Register of Personal and Movable Real Rights (RPMRR) in the liquidation of an estate?2023-03-02T14:28:30-05:00

When an estate is settled, the Act requires that certain rights be registered in the RDPRM. This formality makes it possible to inform the heirs, creditors and any other interested person of certain useful information concerning the succession.

This register allows the publication of information such as the appointment of a liquidator, the closing of an inventory, the account of the succession, etc.
Certain other rights must also be published in the register, including a marriage contract, a donation contained in the marriage contract, a divorce judgment and a renunciation of the family patrimony.

In fact, the RDPRM makes available to third parties certain information that is relevant to the sound liquidation of the estate.

What are the main rights to be registered in the RDPRM?2023-03-02T14:27:26-05:00

Designation of a liquidator of the succession
The purpose of registering this designation in the RDPRM is to make known the name of the liquidator or liquidators of a given succession. The heirs and any other interested persons will thus know whom to contact to assert their rights in the succession.
Replacement of a liquidator of the succession
The purpose of registering the replacement of a liquidator of the succession is to notify the heirs and any other interested persons, such as creditors, that a new liquidator is acting on behalf of the succession.
Closing the inventory
The liquidator of the succession must produce an inventory of the deceased’s property and debts. A notice of the closing of this inventory, not the inventory itself, must be entered in the RDPRM to inform the heirs and any other interested persons, such as the estate’s creditors, where this inventory can be consulted.
Closing the Liquidator’s Account
When the debts of the estate and any special bequests have been discharged, the executor must prepare a detailed balance sheet, the Executor’s Statement of Account, to show the surplus or deficit of the estate. Once this account and the division of property have been accepted by the heirs, a notice of the closing of the liquidator’s account and not the contents of the account must be entered in the RDPRM to inform any interested person where the account may be viewed. This entry also confirms that the estate has ended and that the liquidator is discharged from the administration of the estate.

What is the benefit of submitting a sharing proposal?2023-03-02T14:25:39-05:00

If the will so provides, or if the majority of the heirs so request (in the absence of a will or if the will does not so provide), the liquidator must produce a proposal for the division of the estate and submit it with the final account. The purpose of the liquidator’s final account is to determine the net assets or deficit of the estate.

If the heirs accept the proposal for partition, the liquidator proceeds to distribute the property of the succession. If the heirs refuse the proposal for partition, the property is distributed according to the provisions of the Civil Code.

When does the liquidation of the estate end?2023-03-02T14:23:42-05:00

Once the liquidator has distributed the property, he or she must publish a notice of closure of the final account of the succession in the Register of Personal and Movable Real Rights (RPMRR). The liquidator’s mandate ends with the publication of this notice.

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