Estate Law

Step 1 : The notary and the will searches

Did you know that 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.

Step 2 : Probate of a will

Many think having made a good deal by writing a holograph or in the presence of witnesses will. Did you know that in order to enforce the holograph or in the presence of witnesses will at the time of your death or of your loved ones, contrary to a notarised will, they are subject to verification (Probate)? The procedure consists of many steps that your notary may perform on your behalf. Your notary will take the time to ensure that the conditions are fulfilled and will ensure that the required documents are properly drafted.

For more information, consult the Chambre des notaires du Québec web site :
http://www.cnq.org/en/successions-wills.html

Step 3 : The notary and the estate inventory

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! Should you really be forced to inherit the deceased’s debts? The estate inventory can be drafted by a notary or it can be done in front of witnesses.

Step 4 : Accepting or refusing the succession

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.

Step 5 : Declaration of transmission

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.

Step 6 : Rendering of account

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.