Mediation in Quebec

Me Martin Larocque, family lawyer is specialized in mediation in Quebec – Boisbriand

Family Mediation

ME MARTIN LAROCQUE, family mediation lawyer in Boisbriand, has a team of highly experienced mediators in family matters. Each of our mediators has practiced in family litigation before the Courts for several years and even several decades.

Our mediators have extensive experience in the reality of family breakdowns before the Courts. Their experience is an undeniable asset in order to bring your family mediation to a successful conclusion.

Our mediators have the expertise to resolve and manage the most complex and sensitive cases and situations. Whether it is for a mediation concerning a divorce, a shared custody, the determination of child support or spousal support, our team of professionals will be available to assist you in your mediation.

Estate Mediation

ME MARTIN LAROCQUE has a team of highly experienced mediators in estate matters. Each of our mediators has practiced in estate litigation before the Courts for several years, even several decades.

Our mediators have extensive experience in the reality of estate settlement before the Courts. Their experience is an undeniable asset in order to bring your mediation to a successful conclusion.

Our mediators have the expertise to resolve and manage the most complex and sensitive cases and situations. Whether it is for a mediation concerning the replacement of the liquidator, the division of assets or any unresolved aspect of the liquidation of an estate, our team of professionals will be available to assist you in your mediation.

If you would like us to proceed on your behalf with the other heirs or the liquidator, we invite you to complete the form. We will then contact the other heirs and the liquidator(s).

Liquidation of an Estate

The liquidator must follow certain steps and formalities to complete the liquidation of the estate for which he is responsible.

Here are the main steps in the liquidation of an estate. It is a process that includes several rules that must be respected. The mediating lawyers of Me Martin Larocque are at your disposal for the resolution of any conflict situation.

ME MARTIN LAROCQUE is an accredited mediator in labour, commercial and civil law. Throughout his practice, he has developed and implemented proven methods and approaches to dispute prevention and resolution for his institutional clients, specifically applicable to interpersonal conflicts in labour relations and psychological harassment situations.

Me Martin Larocque works with his clients mainly in the context of work mediation concerning situations of psychological harassment or return to work following such events.

His vast experience allows him to act effectively in delicate and urgent situations as well as in major cases.

Me Larocque carries out the mandates entrusted to him in a corporate organizational environment by seeking solutions adapted to the needs of each and every party involved.

The Main Steps in the Liquidation of an Estate

Obtaining proof of death

In order to proceed with the liquidation of an estate, one must demonstrate the legal existence of the death of the deceased.This demonstration translates in practice by obtaining an original death certificate. This document is issued by the Directeur de l’état civil du Québec. It is not to be confused with the proof of death issued by the funeral director or the death certificate issued by the doctor. These attestations are not valid documents for the purposes of liquidating the estate for which you will be responsible. These documents are not legally equivalent to the death certificate issued by the Registrar of Vital Statistics. The liquidator will need the latter document when searching for the will. It is possible to request these documents online on the website of the Directeur de l’état civil du Québec.

Search for heirs

The liquidator must search for the last will, if any, made by the deceased. The Civil Code of Quebec recognizes 3 types of wills:

  • The notarial will;
  • Holographic wills;
  • The will made before two witnesses.

In the absence of a will, the Civil Code of Quebec provides that the legal succession without a will will devolve to the following successors:

  • The spouse who was married or civilly united to the deceased, excluding common-law spouses;
  • Persons related to the deceased by blood relationship or adoption.

At the same time, important verifications must be made to determine the existence or not of a surviving spouse who is married or in a civil union;

  • A marriage contract or a civil union contract in force with a testamentary clause such as last living, which allows 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.

Contacting the heirs

The executor must contact all persons who may inherit and who have not yet accepted the estate (called “successors”). The liquidator then informs them of the opening of the estate.

It is the liquidator’s responsibility to identify and contact all persons who are potential heirs. These people are named in the will or in the absence of a will provided for by law.

Apply for a probate of the will

When the will is not notarized, you must apply for a probate at the Superior Court or before a notary in order to regularize the legality of the said will and thus be able to use it for liquidation purposes.

The purpose of this exercise is to ensure that it meets the requirements of the law, that it is valid and that it is the last will and testament.

Register as liquidator in the Register of Personal and Movable Real Rights of Quebec (RDPRM)

When you accept the office of liquidator of a succession, you must also publish a notice of designation in the Register of Personal and Movable Real Rights (RDPRM). This notice serves to publicize your designation as liquidator to third parties.

Carry out conservatory acts to protect the property of the succession

The liquidator has the responsibility and duty to perform conservatory acts in order to preserve the value of the property of the estate such as maintaining insurance.

Open the bank account for the estate and close the deceased’s bank accounts

After the death, you, as liquidator, will have to close the deceased’s accounts and proceed with the opening of an account for the estate. You will be required to provide the following documents in order to close and open the accounts

  • The death certificate or act of death issued by the Directeur de l’état civil du Québec;
    Will searches made at the registers of the Chambre des notaires and the Barreau du Québec;
    A copy of the will.
  • The estate account will be used to transfer the deceased’s money from accounts that are to be closed, to deposit money received since the death and to pay the deceased’s debts.

Notify public and private pension and other administrators

The liquidator will be responsible for contacting and informing various organizations such as the deceased’s employer, the Régie de l’assurance-maladie du Québec, the Régie des rentes du Québec, Old Age Security.

Proceed with the closing of credit cards, monthly subscriptions and other, terminate the lease

The liquidator will be responsible for contacting any company whose services the deceased used, such as cable, telephone, internet, Hydro-Quebec, credit card issuers, etc.

Managing the deceased’s claims

It is the responsibility of the executor to take steps to recover any amounts owed to the decedent at the time of death. These sums are an integral part of the assets of the estate.

Amounts to be recovered may include:

  • Any debt owed to the decedent at the time of death;
  • Proceeds of any life insurance policy for which the beneficiaries were named as heirs;
  • Any form of compensation owed and not paid by the employer such as unpaid salary, bonus, commissions, vacation pay, life insurance proceeds from an employer’s group plan, expense allowance, etc.

To proceed with the division of the values due to the civil union of the deceased, to the spouse of the family patrimony and the matrimonial regime, and to the beneficiary of a compensatory allowance

The liquidator will be responsible for establishing the values to be divided due to the civil union, the spouse under the family patrimony, the matrimonial regime and the beneficiary of a compensatory benefit.

To proceed to the payment of the due maintenance claims

The liquidator will be in charge of proceeding to the payment of the maintenance claims due to the children of the deceased or to his ex-spouse.

Draw up the inventory and submit it to the heirs:
The liquidator will be responsible for making a complete and up-to-date list of all assets and liabilities owed or the decedent. The liquidator must draw up an inventory of the deceased’s net assets and submit it to the heirs within the time limit set by law. The inventory must be dated and signed.

Publish the notice of the closing of the inventory in the RDPRM

It is not actually the inventory itself that is published, but rather the notice informing the public that the inventory was made as part of the liquidation of the deceased’s estate.

The notice of inventory closing must also be published in a newspaper distributed in the locality of the deceased’s last known address.

Establish who accepts and who refuses the estate

The executor will be responsible for making a list of the successors accepting to be heirs as well as those who refuse.

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.

Filing tax returns for the deceased and the estate

As a result of the death, the decedent and his or her estate are taxed. Therefore, the executor must file the following tax returns:

  • The decedent’s returns for the calendar year of death;
  • Previous returns of the decedent that have not yet been filed;
  • The estate’s returns for amounts received and paid after death.

These returns must be sent to the federal and provincial governments along with the necessary documents, such as proof of death, the will and the results of the will search at the Bar and the Chambre des notaires.

Obtain releases from the provincial and federal tax authorities

Afterwards, the liquidator must ensure that he or she obtains the certificates that authorize him or her to distribute the assets to the heirs. These tax certificates are proof that the deceased no longer owes money to the two levels of government.

At the federal level, this certificate is called a Clearance Certificate. At the provincial level, it is the certificate authorizing the distribution of the assets.

If the executor distributes the assets to the heirs without obtaining the tax certificates, he or she may be required to pay the amounts owing out of his or her own pocket.

Paying the deceased’s debts

When it’s time to pay debts, three situations may arise:

  • There are enough assets and money in the estate to pay all debts.
  • There is not enough money in the estate to pay all the debts, but there are enough assets.
  • There are not enough assets or money in the estate to pay all debts.

In the last two situations, it is recommended to consult a notary or a lawyer on how to proceed;

  • Make the delivery of particular legacies;
  • The liquidator will be responsible for making the deliveries of the particular legacies provided for in the deceased’s will.

Make the final accounting to the heirs

The executor must provide the heirs with a final account of the estate’s liquidation.

The final account serves primarily to inform the heirs of the remaining balance of assets to be distributed.

The heirs must accept the final account in order for the executor to be discharged from his duties. The heirs will therefore have to approve the final account and discharge the executor. If one of the heirs contests the final account, the liquidator will have to apply to the Superior Court to obtain a judgment.

Proposal for division of property among heirs

The executor must submit a proposal for division when it is provided for and required in the will. If not, the liquidator may propose one. This is essentially a proposal for the distribution of property to the heirs. If the heirs accept the proposal, the liquidator proceeds with the distribution of the property according to the proposal. If the heirs refuse the proposal for distribution, the liquidator will have to go to court;

It is important to look at the terms of the will in this regard since some wills authorize the liquidator to sell the property. In the absence of such a clause providing for the power to dispose of the property, the liquidator must obtain the approval of all the heirs to dispose of the property or, failing that, obtain a judgment from the Superior Court.

Publish the final account in the RDPRM

Once all assets have been distributed, the liquidator publishes a notice of the closing of the liquidator’s account in the Register of Personal and Movable Real Rights.