Frequently asked questions
Questions
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.
Death puts an end to the marriage and civil union, resulting in the division of the family patrimony and the matrimonial or civil union regime. The spouse must be given the money from the partition of the matrimonial regime (community of property or partnership of acquests) and the family patrimony. It is important to consider the other special protections stipulated by law for the surviving spouse, such as the payment of a compensatory prestation, alimony and certain preferential allocations. This division will affect the composition of the deceased’s patrimony.
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 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.
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.
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.
The notarial will and any amendments made to it before a notary do not have to be verified through a probate procedure. Since the law recognizes notaries as public officers, they confer authenticity that obviates the need for verification on the wills they execute. This is why a notarial will takes legal effect at the very moment of death.
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 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 the absence of a will, the law determines who inherits your property. The succession is then called “legal” or “intestate.”
If you are a citizen of France and live in Quebec, you may give a person in France a power of attorney to sign a juridical act on your behalf. The Chambre des notaires and the Conseil supérieur du notariat français have signed a cooperation agreement that allows Quebec notaries to execute any authentic power of attorney given for a notarial act in France without having to resort to the legalization or apostille procedure. There are a series of steps that must be followed in order for a genuine power of attorney to be validly executed. Consult the appropriate authorities for instructions on how to proceed.
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.