Pour vous connecter à l’Espace Notaire, veuillez entrer votre utilisateur.
- Si vous êtes un notaire, entrez votre code de notaire.
- Si vous êtes un autre type d’utilisateur, veuillez entrer votre adresse courriel.
Pour vous connecter à l’Espace Notaire, veuillez entrer votre utilisateur.
After a person dies, the interests that person had in an immovable must be transferred to their heirs. The transfer is made by a declaration of transmission by death signed before a notary and subsequently published in the land register. Further to the publication of the declaration, the municipality and the school service centre will be informed of the transfer and will change the name of the owners on the tax roll. This notarial act includes information such as the names of the heirs and the liquidator of the succession, information about the will if there is one, and the date of death. It also specifies who is the owner of the immovable and who has the right to sell it.
A liquidator is usually appointed to a succession in the will. If there is no will, the responsibility falls, as of right, to the heirs, who will designate a liquidator by majority vote. The Civil Code does not require such appointment to be made by notarial act. However, a notarial act is certainly the best way for the appointed liquidator to prove their legitimacy to act with the financial institutions and creditors of the deceased. Finally, the court may also, at the request of an interested party, appoint a liquidator.
Wills are confidential documents. Upon the death of the testator, only the persons affected by the succession may consult it. An heir may ask the liquidator for a copy of the provisions of the will that concern them. If a person is named as a legatee by particular title of material property identified in the will, they have the right to obtain information concerning their legacy. If they are designated the legatee of a share of the entirety of deceased’s property, they may request a full copy of the will, not just a part of it. Note, however, that since the entry into force of the new Code of Civil Procedure, notaries are required to inform the heirs and the persons who would have inherited in the absence of a will of the existence of a deceased’s will. If a notary refuses to do so, an application may be filed with the court. We invite you to search the Register of Testamentary Dispositions of the Chambre des notaires du Québec and the Barreau du Québec to find the name of the notary who executed the last will.
It is possible that the will provides for the method of renunciation of the liquidator. If this is not the case, the liquidator who wishes to relinquish his office after having accepted it must notify the heirs in writing, give them an account of his administration and obtain a discharge of liability from them.
The liquidator is responsible for settling the succession. As administrator of the property of the deceased, the liquidator must act with prudence, diligence, loyalty, honesty and in the best interests of the heirs. They must also act within the limits that the law and those that the will imposes. The liquidator must, in particular: - Find out if the deceased made a will and, if so, have it probated - Make an inventory of the succession’s property and liabilities, unless exempted from doing so - Publish the notice of closure of the inventory and inform the heirs, unless exempted from doing so - Administer the succession and sell certain assets according to the powers provided by law or the will - Render accounts to the heirs once a year and once the succession is settled - Pay creditors and federal and provincial taxes - Deliver the property to the heirs - Apply for the certificate authorizing the distribution of succession property from Revenu Québec and its equivalent at the federal level (clearance certificate) Attention must be paid to time limits for certain steps. For example, the inventory may help the heirs to decide whether to accept or renounce the succession. In principle, the heirs have six months from the date of death to make their decision. If a liquidator fails to fulfil their duties, any interested party may apply to the court to have them replaced. In addition, a liquidator who is at fault may be prosecuted. Without legal recourse, it will be difficult to force an uncooperative liquidator to act.
The death of a loved one is an emotionally destabilizing situation and the liquidation of a succession often raises difficulties that the deceased could not have anticipated. In addition, the liquidator may not fully understand their role and their responsibilities to other family members.
In principle, it is up to the heirs to accept or renounce your lessee’s succession. They must do so within six months of the death. If they accept the succession, they will have to dispose of the property in the dwelling. If the heirs renounce the succession, they will have to sign a notarized renunciation. They must then notify Revenu Québec, Unclaimed Property, of the death, and provide it with the renunciation. You will then have to contact this service regarding the lessee’s succession. As a lessor, you do not have the right to dispose of your deceased lessee’s property. However, you may apply to the Tribunal administratif du logement to repossess the dwelling if the rent is not paid. We suggest that you consult a legal professional before taking any steps.
Before making a decision in this regard, it is important to first become aware of the legal issues associated with settling a succession. Even though the settlement of a succession has been a sensitive and complex process since the Civil Code of Québec came into force, this is now more than ever a reality. The law provides rules for the transmission of the property of a deceased person to their heirs and imposes precise steps for liquidating the succession. In addition, accepting a succession without an inventory entails a significant risk for the heir, namely that of being required to pay the deceased’s debts out of pocket. Getting a notary’s input as a legal advisor or mandating them to manage the settlement of the succession ensures peace of mind in terms of the procedure to be followed and the resolution of legal issues. They can advise the liquidator in all matters, such as the search for and probate of the last will; the preparation of the inventory; the acceptance or renunciation by the heirs; the claiming of annuities and benefits; the liquidation of the family patrimony; the filing of tax returns; and the transmission and partition of property.
In principle, the responsibility of notifying the heirs of their rights rests with the liquidator of the succession and not with the notary who drafted the will. If a notary has been mandated by a liquidator to settle certain stages of the succession, their mandate is limited to what the liquidator has asked them to do. They have no obligation to communicate with the heirs if they were not mandated to do so.
Apart from registration of the liquidator’s final account in the RPMRR, there is no register of settled successions in Quebec. However, those affected by the succession may consult certain documents such as the inventory of the succession’s assets and the final account of the liquidator. In fact, save for some exceptions, the liquidator has the obligation to inform the successors, heirs, legatees by particular title and the creditors of the deceased of the progress of the settlement of the succession. The law mentions that the liquidation of a succession is completed by the acceptance of the liquidator’s account by the heirs. It is at this time that the law requires the liquidator to publish the notice of closure of the liquidator’s account in the RPMRR. This notice indicates the place where the liquidator’s final account may be consulted. Despite the provisions of the Civil Code of Québec, many liquidators never publish this notice. It is therefore impossible to rely on the register to determine whether a succession is completely liquidated or not.
Yes, a copy of a will always bear a seal. It may be a dry seal that embosses the paper or a coloured, gummed seal. A notary always keeps the original of a will in a safe place. What is given to the testator, and what the heirs will consult later, is an authentic copy of the original. The word “authentic” is used because the copy prepared by the notary is not a simple photocopy, but a document bearing, in addition to the seal, a statement that the copy is true to the original. Finally, an authentic copy bears the handwritten signature of the notary.
Any person concerned may apply to the court to request the replacement of a liquidator if the liquidator neglects their duties or fails to fulfil their obligations. Creditors of the succession, heirs, successors and legatees by particular title may also contest the inventory drawn up by the liquidator. Creditors and legatees by particular title who have not received payment of their claim may file an action in liability against the liquidator as well as against the heirs or legatees by particular title who were paid to their detriment. We invite you to contact a notary for more information on your rights and obligations.
Generally, the last step to settle a succession is the final rendering of accounts. The various steps to settle the succession that have been completed are set out in a document, which may include details on the partition between the heirs. It will also include an acquittance signed by the heirs, releasing the liquidator from their administration and responsibilities, as the heirs have received their inheritance. We invite you to contact your notary to determine what step you have reached and how you should proceed thereafter. They will also help you with your rendering of accounts. Note also that the law provides that the liquidator must report on their administration annually if the liquidation of the succession lasts more than one year. In the annual rendering of accounts, the liquidator must inform the heirs of the steps that have been taken and those that remain to be taken.
Liquidating (settling) a succession involves several steps that must be carried out in accordance with the law. They begin on the day of death and continue until the final handing over of the property to the heirs.
In order to benefit from the protections of the law, the settlement of a succession requires that each of the steps be carried out in accordance with the law, from the day of death until the final delivery of the property to the heirs. Standard procedures include, but are not limited to, the following: - Obtaining proof of death - Performing a will search - Having the will probated - Opening an account at a financial institution - Analyzing testamentary dispositions - Appointing a liquidator if there is no will - Making the inventory - Exercising the heirs’ option - Claiming life insurance, pension and annuity benefits - Completing tax formalities - Liquidating the family patrimony and matrimonial rights - Publishing notices - Managing the succession’s assets - Paying debts and specific legacies - Rendering of accounts - Partitioning the succession’s assets - Delivering the property Where the succession is solvent, the heirs may unanimously decide to liquidate the succession without following the prescribed rules. However, if they do so, they will be required to pay the debts of the succession in excess of the value of the property they will take. We recommend that you be cautious and consult a notary in this regard.
The will may provide for the method in which the liquidator may renounce or resign. If not, a liquidator who decides to renounce their responsibilities after accepting them must notify the heirs or replacement liquidator(s) in writing if they are named in the will, render an account of the administration done so far to the heirs and replacement liquidator(s), and obtain a discharge from the heirs. Other parties involved in the succession may have specific requirements in this regard. It is best to check with them.
This will is executed before a notary and a witness. It offers the greatest benefits.
A liquidator is required by law to make an inventory of the property of the deceased and comply with notice publication formalities. If they contravene their obligations, they may be held liable and be subject to prosecution by the heirs if they suffer prejudice as a result of inaction. If a liquidator refuses or fails to make the inventory, the law requires the heirs to either make the inventory of property themselves or apply to the court to have the liquidator replaced or ordered to make the inventory. If the heirs fail to do so within the prescribed time limit, the law provides that they have accepted the succession, thereby exposing them to personal liability for the payment of the deceased’s debts. It would be prudent to consult the mandated notary or a lawyer.
It is very important to make an inventory of the deceased’s property before deciding to accept or refuse the succession. Moreover, the liquidator has the obligation to make an inventory of the succession’s property. The liquidator may only be exempted from the duty with if all heirs and successors consent. It is more prudent to wait until the liquidator has published the notice of closure of the inventory before accepting or refusing a succession, because the inventory is precisely intended to establish whether or not the succession is in deficit. Note that, in fact, the heirs are liable for the debts of the deceased up to the value of the property they inherit when an inventory has been made. If the successors exempt the liquidator from making an inventory, they are deemed to accept the succession without limits and thus become personally liable for all the debts of the succession, particularly if these exceed the value of the property they take. They will therefore have to pay these debts out of their personal assets. Once the inventory is completed, the liquidator informs the heirs, the successors who have not yet accepted or refused the succession, the legatees by particular title and the creditors of the notice of closure of the inventory and of the place where the inventory may be consulted. A notice must be published in a newspaper circulated in the locality where the deceased resided and in the Register of Personal and Movable Real Rights (RPMRR) to inform interested persons of the place where the inventory may be consulted.
A will is the best way to make your wishes known after your death. In this document, you will be able to indicate your wishes regarding the distribution of your property by designating the person or persons to whom you wish to bequeath it and each of their shares. Making a will is not mandatory, but it is preferable. If you do not have a will, the law will decide on your heirs and the share they will receive. This is what we call “legal succession” (or “intestate” succession). However, the persons designated by law are not necessarily the ones you would have designated yourself. Moreover, in notaries’ experience, the risk of conflicts between heirs is higher in this context.
In the absence of a will, the law determines who the heirs will be. It depends on different factors, including whether children, a spouse, parents or siblings have survived the deceased. The law is based on filiation (except for the surviving married or civil union spouse) to identify potential heirs and, in general, the closest relatives have precedence. When a person dies having no will, it is recommended that you check with a notary to find out if you are a potential heir under the law. If this is indeed the case, you must contact the other heirs to proceed with the following steps. Note that in the case of a succession without a will, the liquidator’s responsibilities are automatically vested in all the heirs, who may, however, appoint a liquidator by a majority vote.
There is no time limit specifically related to the inventory of a succession mentioned in the Civil Code of Québec. However, attention must be paid to the time limits associated with other steps in the settlement of a succession. This is in particular the case for the six-month period that heirs have to decide whether to accept or refuse the succession. In order to make an informed decision in this regard, the heirs may require the liquidator to carry out the inventory before the expiry of the option period. Once the inventory is completed, the liquidator must inform the heirs of the place where the inventory may be consulted. If it easy to do, the liquidator may send a copy of the inventory to the heirs. We invite you to contact a notary for more information on your rights and obligations.
In the absence of a will, the law that determines who your heirs will be. Under the law, heirs are determined by filiation, with the exception of the spouse (married or civil union) of the deceased. The choice of heirs depends on different factors, including whether children, a spouse, parents or siblings have survived the deceased. For example, if a deceased person was married, had two children and four siblings, the heirs will be the spouse and the two children, as the law gives priority to children over siblings. We invite you to contact a notary for more information on your rights and obligations.
At one time, the very first step towards the complete liquidation of a succession was the reading of the will. This was a solemn task, performed by the notary in the presence of all the heirs. This practice was eventually abandoned, but today, notaries are advocating its reinstatement.
The time limit for renouncing a succession is six months from the date the succession is opened (i.e., from the date of death). In some cases, an heir may benefit from an extension of this period. This is the case when the inventory is produced at the end of the six-month period, among other situations. The law provides that the six-month period may be extended by the same number of days necessary for the heir to have a period of 60 days from the date of inventory closure. This means that if a liquidator produces the inventory at six months minus one day, the heir will have an additional 59 days to accept or renounce the succession. It is also possible to obtain an extension of time from the court if the heir was acting in good faith and was unable to renounce within the time limit. A notary can help you prepare such an application. When the time limit expires, if the heir has not renounced the succession by notarial act or judicial declaration, they will be deemed to have accepted the succession. If the liquidator refuses to make an inventory or fails to do so within six months, the heirs have 60 days to make the inventory themselves or apply to the court to have the liquidator replaced or ordered to make the inventory. If the heirs do not deal with this issue, they may be required to pay the debts of the succession that exceed the value of the property they will receive, from their own assets.
In Quebec, there is no obligation to make a formal reading of the deceased’s will. If a reading of the will is imposed by the will, you must read the clause to find out how this should be done. If the will does not require a reading, doing so is at the liquidator’s discretion, as the law does not provide for mandatory reading; it simply obliges the liquidator to notify the heirs of their rights. We invite you to contact a notary for more information on your rights and obligations.
Unless the will stipulates remuneration, the liquidators, if they are also heirs, are not remunerated and are entitled only to the reimbursement of their expenses. If they are not heirs, the law provides that they are entitled to reasonable remuneration. That said, remuneration may vary. It may be a percentage calculated on the gross assets of the succession, an hourly rate, a lump sum or simply a gratuity. The percentage may also vary. We invite you to contact your notary who will advise you on this subject.
The answer to this question requires reading the deceased’s will. We invite you to contact your notary to see what has been planned if one of the heirs dies before the testator. Depending on what the will provides, it is possible that the deceased heir’s share may be redistributed to the others or that the children of the deceased legatee may receive that share through what is called representation. Consult a notary to have them analyze the situation and answer your question.
Generally, if a beneficiary is named in a life insurance policy, the proceeds of the policy do not form part of the succession. However, if the insurance is payable in general terms to the legal heirs or the succession, or has no named beneficiary, the proceeds of the policy form part of the succession. If a will contains a beneficiary designation that is different from the one appearing on the insurance policy, you will have to determine which one will take precedence. If in doubt, consult your notary.
It is wise to consult your notary before accepting or renouncing a succession. Liquidating a succession without following the rules of the Civil Code could have negative and costly consequences.
A liquidator is an administrator of a succession’s property. They are responsible for ensuring the complete execution of the deceased’s wishes and performing each of the steps in the liquidation of a succession. Any succession, whether it be testamentary or legal (without a will, also known as an intestate succession), must be settled by a liquidator. The person designated as liquidator is usually a trusted relative or friend of the testator. In a legal succession, this role is given to the heirs. They can perform their duties collectively, share the tasks, or designate one heir to act as liquidator. If the heirs do not agree among themselves, the court will appoint the liquidator of the succession. We invite you to contact a notary for more information on your rights and obligations.Dans une succession légale, ce rôle est dévolu aux héritiers. Ces derniers peuvent jouer collectivement ce rôle, se partager les tâches ou encore désigner l'un d'entre eux pour agir à titre de liquidateur. Si les héritiers ne s'entendent pas entre eux, c'est le tribunal qui désignera le liquidateur de la succession. Nous vous invitons à communiquer avec un notaire pour plus d'informations sur vos droits et vos obligations.
From a legal standpoint, de facto (common law) spouses have no obligation towards each other regardless of the time spent living together, unless they have entered into a cohabitation contract. However, de facto spouses have obligations towards their children, namely the exercise of parental authority and support obligations. Children born of a de facto union have the same rights and obligations as children from a marriage or civil union. Whether or not they are married, the parents must:
In June 2002, the concept of civil union was introduced into our Civil Code. Since then, all couples, regardless of gender, can choose a civil union rather than a de facto union or a civil or religious marriage. Before this law was adopted, heterosexual couples had to choose between a de facto union and marriage, and homosexual couples only had access only to de facto unions. The civil union has become an additional option that is available to all couples.
Notaries, who specialize in succession planning, are the right advisors for a testamentary trust. They will be able to tell you whether this type of planning is appropriate for you.Dans le cadre d'une succession « ordinaire », le legs d'une somme ou d'un bien est éventuellement remis à l'héritier désigné. En matière de fiducie testamentaire, l'objet du legs n'est pas directement remis à l'héritier, mais plutôt à une fiducie. C'est elle qui assumera par la suite la gestion des sommes en fonction des directives que vous aurez prévues dans le testament.
A patrimonial inventory is an inventory of your assets and liabilities, including bank accounts, investments, insurance policies, residential property, and all other elements of your estate and debts. This inventory also identifies the location of your property, digital assets and investments, including the name and address of the institutions where your bank accounts are located and other important documents and details.
There is no obligation to use the services of a notary to settle a legal succession (without a will, also known as an intestate succession) or one with a will. However, if the succession includes immovable property (house, cottage, land), the declaration of transmission of the immovable to the heirs must be executed by notarial act en minute. It is possible that parties involved in the succession file (e.g., a financial institution) may request that certain documents be signed before a notary. Given the complexity of the liquidation of a legal succession, it is always advisable to consult a notary.
When a mandatary acts on behalf of a person and administers their property, they must render accounts only to the person who gave the power of attorney, unless, under its terms, it was specified that the mandatary was to render accounts to other persons. However, if the mandator dies while the power of attorney is still in effect, the mandatary must render a final account of their management to the heirs. We invite you to contact a notary for more information on your rights and obligations.
When no one has come forward to claim a succession or when all the heirs have renounced, it is the State that takes the property of the succession. The Minister of Revenue then acts as liquidator of the succession.
The person designated as liquidator (formerly called an “executor”) is usually a trusted relative or friend of the testator. The heirs will make this choice themselves if the deceased did not leave a will or if the will does not provide for it.
It is possible to contest the rendering of accounts submitted by the liquidator, request clarifications, consult supporting documents and make a proposal for partition. If you contest the rendering of accounts, the discharge of the liquidator and the delivery of the property to the heirs will be postponed because the liquidator may only proceed after the final account has been accepted. If the rendering of accounts and acceptance cannot be achieved amicably, the law provides that it will be necessary to go to court. Your notary is the one who can inform you about this.
In Quebec, a declaration of heredity may be required when a person dies without a will. Its purpose is to identify who are the heirs of the deceased. It does not necessarily have to be a notarial act, although many institutions require that to ensure that the declaration is made in accordance with the law. If there is a will or a testamentary clause in a marriage contract, there is no need for a declaration of heredity. We invite you to contact a notary for more information on your rights and obligations.
Under tax laws, a liquidator must wait until the federal clearance certificate and the provincial certificate authorizing the distribution of succession property have been issued before distributing the property to the heirs. If the liquidator makes the distribution before obtaining these certificates, they remain personally liable for the payment of the deceased’s unpaid taxes, up to the value of the succession’s assets.
In Quebec, when a person is married and their spouse dies, the family patrimony must first be partitioned and the matrimonial regime dissolved. Once the partition is done and the succession is defined, it will be liquidated according to the deceased’s last wishes, if there is a will. The spouse is not necessarily the heir of the deceased’s property; it is necessary to consult the will’s provisions. In the absence of a will, the law that determines who the heirs will be. The surviving spouse inherits alone only in the absence of descendants, living parents, brothers and sisters, and nephews and nieces. We invite you to contact a notary for more information on your rights and obligations.
The responsibility for settling a succession rests with the liquidator (formerly the “executor”) named in the will. In the case of a legal succession (where the deceased did not leave a will, also known as an intestate succession), it is the heirs who collectively act as liquidator. They can then divide the tasks among themselves or designate one of them or any other person as liquidator. The liquidator may use the services of a notary, who may manage the entire process and assist the liquidator in his task. Given the complexity inherent to the liquidation of a succession and the legal risks associated with certain actions (such as liability for the payment of the deceased’s debts), it is more prudent to consult a notary.
A will allows you to express your wishes regarding the distribution of your property after your death. You can designate the person or persons to whom the property will be bequeathed and the share that each will receive. If you do not have a will, the law will decide on your heirs and their shares.
Since the entry into force of the new Code of Civil Procedure, notaries are required to inform the heirs and persons who would have inherited in the absence of a will of a deceased’s will. If a liquidator refuses to provide you with a copy of the will and it is a notarial will, you may contact the notary who executed the will. If the notary also refuses to give you a copy, consult a lawyer to apply to the court to have a notarial act issued. If it is a will that has been probated, you may request a copy from the notary who probated or the court office.
Liquidating (settling) a succession is a complex and delicate process. The law provides that the property of a deceased person be passed on to their heirs and imposes precise rules for liquidating the succession. A notary can ensure that the procedures prescribed by law are properly followed and that any legal problems that may arise are appropriately resolved.
In principle, the law says that a successor, i.e., a potential heir, may always have their rights recognized within 10 years of the death or the date when their rights arise (for example, if they become a potential heir following the renunciation of the heirs of first rank).
An inventory is a complete balance sheet of a succession’s assets and liabilities, not just the inventory of the property in a condo, house or apartment. The law provides that an inventory must detail the property and liabilities, as well as their value. Two forms are permitted: a notarized inventory or an inventory made in the presence of two witnesses. Heirs have the option of waiving the drafting of an inventory. However, we invite you to exercise caution and contact a notary immediately to help you, as the decision to renounce the inventory has significant legal repercussions.
There is no time limit set for settling a succession in the Civil Code of Québec. However, there are several steps in its liquidation that must be completed within a given time. For example, heirs have six months from the time of death to accept or refuse a succession. If there is a liquidator, they must render accounts to the heirs and unpaid creditors each year and at the end of the liquidation. Tax laws also provide for deadlines for filing tax returns and paying any sums owed. Once the liquidator has received the notices of assessment from the Canada Revenue Agency and Revenu Québec, they must obtain the federal clearance certificate and the provincial certificate authorizing the distribution of succession property. The liquidator may only distribute the property to the heirs once these documents have been obtained. The liquidation of a succession is completed when known creditors and legatees by particular title have been paid. It ends when the liquidator has rendered accounts on their administration to the heirs and the heirs release the liquidator from their responsibilities. The settlement of a succession can thus take several months and even years in some cases. We invite you to contact a notary for more information on the settlement of a succession.