IconeSuccession Law

Settlement of a succession |

The settlement of a succession has become a delicate and complex matter. The intervention of a notary ensures that the many obligatory procedures and rules are properly followed and executed. 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 normal procedures include, in particular:

  • Funeral arrangements;
  • Obtaining proof of death;
  • A will search;
  • The opening and the inventory of the safety-deposit box;
  • The opening of an account at a financial institution;
  • The probate of the will;
  • The analysis of the testamentary provisions;
  • The determination of the heirs;
  • The appointment of the liquidator;
  • The preparation of an inventory;
  • The claiming of life insurance benefits, pensions and allowances;
  • The completion of tax formalities;
  • The liquidation of the family patrimony and matrimonial rights;
  • The publication of notices;
  • The exercise of the heirs’ option;
  • The administration of succession property;
  • The payment of debts and particular legacies;
  • The transmission of the property;
  • The rendering of account;
  • The partition of the succession

The notarial will: A significant advantage |

Under the law of successions, the testator’s wishes are, in principle, sovereign. By drawing up a will, a person can freely choose his heirs and legatees. With his notary’s advice, the testator may also include in his will various provisions to considerably facilitate the settlement of the succession and minimize its cost. The notarial will remains with the notary, thus safeguarded from any loss, and kept confidential. The notary will see to the entry of each will in the Register of Testamentary Dispositions of the Chambre des notaires du Québec, without disclosing its content. The will thus remains confidential and is guaranteed to be found at the time of death.

The notarial will is the only will not subject to probate. All other wills must be probated by a notary or in court.