Consult our notary
A notary is able to confirm quickly and safely that the deceased did prepare a valid will.
You can submit an electronic request for a will search at your Notary’s office.
Did the decease write a holograph or in the presence of witnesses will? Your notary must still take care of it.
Do you have a legal matter for our notary?
The first step is a will search.
Are you the heir? Are you the liquidator? These are questions that the notary must handle.
Did you know? To enforce the holograph or in the presence of witnesses will at the time of your death or of your loved ones, they have to be subject to verification (probate), unlike a notarised will?
The will has been made by the notary? Go to the next step!
The will was made in the presence of witnesses? Your will needs to be probated by the Superior Court of Québec even if this type of document is recognized by the Civil Code of Québec (section 727).
Did you know? If your witness is also one of your heirs, he will not inherit!
The will was written and signed by the testator? It is in fact a will that is known as a holograph. This type of document also needs to be probated.
Warning! The outcome is not certain for wills written on the back of an enveloppe!
Our notary will submit an application for an audit to the Superior Court of Quebec (proceedings before the court) or will conduct his own audit (proceedings before a notary).
Are you fully aware of the deceased’s financial situation?
This mandatory step for all liquidators, in accordance with the Civil Code of Quebec (article 794), enables all potential heirs to make an informed decision on whether or not to accept a succession. Don’t forget that successions are composed of both ASSETS and LIABILITIES!
The estate inventory can be drafted by a notary or it can be done in front of witnesses.
The notary will confirm the appropriate procedure to follow: notarial or in the presence of witnesses.
Can you really be forced to inherit the deceased’s debts?
Our notary will help you answer this question. Be careful before accepting your inheritance, let us assist you.
If you accept a succession, the liquidator will be in a position to distribute your inheritance upon completion of all duties conferred to him by the administrator’s role. The liquidator must also obtain all governmental authorizations needed prior to distributing the inheritance. If you feel that it would be in your best interest to refuse a succession given the deceased’s bad financial health, you must consult a notary. A notary will be able to help you refuse the succession and eliminate this burden.
Be very cautious not to take measures that could compromise your option to refuse! The simple act of paying a deceased’s bill could waiver this option.
So far, you have managed to carry out a number of steps in the settlement of the estate yet there still remains the matter of transferring the property to the heirs! If the deceased owned a property (i.e.: a residence, a cottage or an income property), you are required to consult a Notary.
Did you know? If you inherit a property, you’ll get it from a notary!
This step is too often overlooked by liquidators, yet the rendering of accounts means they are discharged from their administrative duties. Furthermore, this step serves to properly document that the heirs have received the inheritance. Having large sums of money in your bank account may raise questions with tax authorities. To eliminate any suspicion, have your rendering of accounts notarized.
Liquidators: obtain your discharge from the heirs and don’t forget to ask the government authorities for your discharge certificate!