Advice on successions

Yes, you have a six (6) months delay from the date of death to renounce a succession. The renunciation has to be done in the presence of a notary and must be published at the Registre des droits personnels et reels immobiliers. It is important to note that a simple refusal letter sent by an heir is not enough.

It is essential that you do not take any actions as an heir that can be assimilated as acceptance of the estate to be able to renounce. For example, if you have transferred funds from the deceased’ bank account to your own personal account or if you have signed documents or made commitments as heir, the renunciation might not be possible.

To avoid all action that can be interpreted as an acceptance of the estate, it is recommended that you contact us very quickly after the death. We can then take the necessary measures and proceed to the signature of a renunciation, if necessary.

Possibly – the failure to comply with certain formalities required by law can lead to liability with respect to the debts of the deceased.

For example, the law states that an inventory of the assets and debts of the deceased must be signed within six (6) months of the death and published at the Registre des droits personnels et reels mobiliers, and in a newspaper published in the vicinity of the deceased. Many people, not aware of this requirement, liquidate the estate without making the required inventory and then discover some unforeseen debts which they are then liable personally. 

Our legal counselors will provide you with all the tools to protect yourself against such a case while you enquire about the steps needed for the estate settlement.

The testamentary search is a certificate delivered by the Chambre des notaires du Québec and by the Barreau du Québec which tells whether the deceased has signed a notarized will, and if so, the date of the signature of the will. The certificate will also provide the coordinates of the professional who has the original copy of the document.

It is compulsory to have a certificate of testamentary search in the settling of an estate. It is part of the obligations of the liquidator.

Often, the financial institutions will block access to the accounts of the deceased until that search is completed. They have to verify if the deceased had or did not have a will and then make sure the will that is presented to them is really the last one.

The fastest method to obtain a testamentary search document is to contact a notary. You will have to present a proof of death, the social insurance number of the deceased, his last address, his profession and his birth date. The electronic search is done in a few days.

When all the heirs renounce a succession, the succession is transferred to Revenu Québec, more precisely to the department of Unclaimed estates. After notifying in a newspaper that they are in charge of the succession, Revenu Québec will proceed to the liquidation of the succession in accordance with the current legal provisions.

Most financial institutions will block access to the deceased’ account until these documents are provided: 

• certified copy by the notary of the deceased’s will;
• original copy of the death certificate from Direction de l’état civil du Québec;
• original copy of the testamentary search from the Chambre des notaires du Québec;
• original copy of the testamentary search from the Barreau du Québec;
• certified copy by the notary of the marriage contract of the deceased, if applicable, or certified copy of the divorce judgment of the deceased, if applicable.

The accounts are thus blocked for a few days, the time for the liquidator to obtain the testamentary search certificates and the death certificate. This delay will be longer if the deceased left a will other than a notarized will: a handwritten will, a will witnessed by two witnesses, or a will written on a form. A non-notarized will must be verified before by the Cour Supérieure du Québec and a copy of the judgment will have to be given to the financial institution to gain access to the accounts. That process may require many weeks and will therefore delay the beginning of the liquidation of the succession. 

Call us quickly to start the proceedings.

If the deceased was the owner of property, it is necessary to prepare a notarized deed called  a declaration of transmission, to transfer the property rights to the legitimate heir.

If the property is to be sold, a special declaration can be added to the deed, allowing the liquidator the power to dispose of the property. 

If there was a mortgage on the property that has been reimbursed, the notary will prepare an act of acquittance and will proceed to the necessary inscriptions on the Register foncier.

However, it is crucial to complete certain legal and fiscal formalities before going ahead with the transfer or the sale of the property. Our team is there to help!  

Do not hesitate to contact us at Lettre & Brown Inc for all your questions regarding the succession.