Home > Successions and wills > Will: settlement of a succession

Successions and wills

Will: settlement of a succession

Since the new Civil Code of Québec came into effect, the settlement of a succession has become, more than ever, a delicate and complex matter. The law provides for the transmission of the rights of a deceased person to his heirs and imposes precise rules for liquidation of the succession. In the settlement of a succession, the intervention of a notary ensures that the many obligatory procedures are properly followed and thorny legal questions correctly resolved. Failure to seek his advice may cause undue delay in the liquidation of the deceased’s affairs and compromise the fundamental rights of the heirs. The notary is the best advisor of the liquidator, who, by law, must settle the succession; the notary will guide him every step of the way. The notary is the principal artisan and master of the entire operation.

The procedures

To be effective, the settlement of a succession requires that each procedure be followed in accordance with the law, from the time of death until final delivery of property to the heirs.

The normal procedures include, in particular:

• funeral arrangements

• obtaining proof of death

• will search

• opening and the inventory of the safety-deposit box

• opening of an account at a financial institution

• probate of the will

• analysis of the testamentary provisions

• determination of the heirs

• appointment of the liquidator

• preparation of an inventory

• claiming of life insurance benefits, pensions and allowances

• completion of tax formalities

• liquidation of the family patrimony and matrimonial rights

• determination of the deceased’s patrimony

• publication of notices

• exercise of the heirs’ option

• administration of succession property

• payment of debts and particular legacies

• transmission of the property

• rendering of account

• partition of the succession.

Each and every one of these procedures is subject to obligatory rules. The following are some examples.