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Successions and wills

Will: the heirs' options

With some exceptions, no one is obliged under the law to accept a succession that has devolved to him. A succession may show a deficit, having more debts than assets, in which case, it is appropriate to renounce it. The Civil Code of Québec has abolished the rule which obliged an heir who unconditionally accepted a succession to pay all the debts of the deceased. However, under the new law, the heir can still, in certain circumstances, be held personally liable for the debts of the succession even if they are greater than the property he receives.

Sometimes, it is better to renounce a succession. Consulting a notary before making a decision is advisable and sometimes essential. A renunciation, where required, is usually drawn up in the form of a notarial deed.