Advice on successions
Where do I begin …
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A succession does not come with an ‘How to’ booklet. The liquidator must navigate through the complex liquidation process, without making mistakes or becoming personally liable.
His duties include, among other things, making the funeral arrangements, closing all bank accounts, drafting the estate inventory, drafting and publishing the notices of inventory, paying various bills, selling the properties, emptying the residence, preparing the income tax reports, communicating with the government, transferring the retirement funds, claiming all life insurance, etc.
Sometimes, that role becomes very complicated. The deceased might have left a blended family, a separated but not divorced spouse, an heir who is handicapped or living abroad, young children that will have to be cared for, educated and upkept for many years, etc.
Our notaries specialized in estate settlements can help the liquidator in his task and provide advice and work methods that will permit him to settle quickly and correctly the succession. The liquidator can do some work himself and delegate some other work for which he has less knowledge or availability. The fees would then be charged to the estate and not to the liquidator personally.
Today, in the context of smaller families, it might be difficult to find suitable candidates for the job of liquidator. Our service of estate settlement becomes interesting, if it so happens that there is nobody among your close family or friends who would have the qualities or the availability to settle your estate from beginning to end.
We offer a complete service (turnkey service) to your heirs. No problem, no worry: we will perform all the steps of the settlement, in accordance with the law and the will of the deceased. Our professionals work within strict standards of practice and are supported by an available and efficient technical team.
The impartiality and neutrality of the notary is an advantage, in that he is not personally involved in the family tensions nor is he in conflict of interest with the heirs.
The fees for such a service will be paid by your estate and computed either on an hourly basis. Enquire about this service during your appointment with our notary.
Sadly, conflicts may arise between heirs or between the liquidator and the heirs. This can be attributed to a variety of causes can be and can be linked to a family history or to a lack of estate planning. The tensions can sometimes become particularly difficult when it is time to distribute the assets of the deceased or when some heirs are unhappy with the stipulations of the will.
Lettre & Brown Inc is specialised in the amicable settlement of conflicts. In agreement with everyone involved, we can intervene to restore the communication, explore various solutions, inform everyone involved of their rights and obligations, thus to settle the estate quickly, while protecting as much as possible the quality of the relationship.
Frequently asked questions
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.
We are your family notaries. We can help you.
Our services are available in our offices or remotely. Do not hesitate to contact us.