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Successions and wills

Will: the appointment of a liquidator

The Civil Code of Québec establishes a regime of administration and liquidation of a succession. The liquidator is in charge of the complete execution of the deceased’s wishes. The identity of the person chosen is usually disclosed in the will. The heirs will choose someone only if the deceased has died without a will or if it is not provided for in his will.

The liquidator’s powers and duties are specified by law. Nevertheless, the testator may modify them in order to attain specific objectives or simply to ensure greater efficiency in the settlement of the succession and to simplify the liquidator’s task.

The person appointed liquidator and in whom the testator has shown confidence is usually a relative or friend. The liquidator can give a notary the mandate to proceed with the liquidation of the succession and provide the former with regular reports, or, more prudently, the liquidator can retain the notary's services as an advisor from the outset.

The liquidation of a succession is a heavy responsibility, especially if an heir, legatee or creditor feels he or she has been wronged because the liquidator was negligent of his or her duties. It is therefore important to talk about it immediately with a notary.