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
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.
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
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
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.
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
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
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.
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.
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