What is the role of the liquidator?

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

By |2023-03-02T14:43:07-05:00March 1st, 2023||0 Comments

Is a will search mandatory?

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

By |2023-03-02T14:40:49-05:00March 1st, 2023||0 Comments

Can the deceased die without a will?

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

By |2023-03-02T14:39:37-05:00March 1st, 2023||0 Comments

What to do when an estate is insolvent?

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

By |2023-03-02T14:37:30-05:00March 1st, 2023||0 Comments

Can an estate be renounced?

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

By |2023-03-02T14:36:27-05:00March 1st, 2023||0 Comments

Can all heirs renounce an estate?

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.

By |2023-03-02T14:35:12-05:00March 1st, 2023||0 Comments
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