Some heirs often seek to preserve their rights in an estate while avoiding the obligations that arise from it. Let us recall that the provisions of the Civil Code of Quebec impose on the estate the funeral expenses.
When death strikes, loved ones are forced, in the hours that follow, to organize the funeral. Often desperate, they turn to one of them to choose the services offered by the funeral home. Who will pay the bill, the estate, the heirs or the one who signs the contract?
Following the death of his brother and the discovery of his last will (1984) bequeathing all his assets to his ex-girlfriend, Marcel notifies her. Surprised, she asks him to organize the funeral. Marcel and the deceased's two daughters agree on funeral arrangements totaling over $20,000. Marcel pays a deposit of $9,000 and assumes responsibility for the estate. A month passes, the ex-girlfriend renounces the inheritance, leaving only the deceased's two daughters as heirs. The funeral home demands payment of the balance. Marcel forwards this request to the estate, which refuses to pay. The funeral home turns to the Court* and sues the estate, the heirs, and Marcel.
The court recalls that the provisions of the Civil Code impose the funeral expenses on the estate and establishes that Marcel's gesture should not be considered as a natural obligation but rather as a gesture "intended to avoid any conflict between people who, at the time, loved each other". The court orders the estate, the heirs, and Marcel to pay the funeral home expenses but allows Marcel's counterclaim against the estate and the heirs.
Some heirs often seek to preserve their rights in an estate while evading the obligations that result from it. Bad calculation, an heir cannot evade the obligations of the deceased, they must rather add them to their own.
* QCCQ 410-32-004579-102
