Appointment of liquidator - Notarial deed

Description

Appointment of a liquidator

• In the case of an intestate or testate succession, if the testator has failed to appoint a liquidator, it is possible to appoint a liquidator by notarial deed.
• The Civil Code of Québec gives the heirs the right to designate a liquidator to administer the patrimony of the succession.
• The heirs may designate the liquidator by majority vote.
• However, in the case of a will, these rules may vary, depending on the wording and the powers to be conferred on the liquidator.
• In the absence of a liquidator, the heirs will have to act collectively to settle the estate.
• Service procedure:
• Virtual interview with a notary to assess your needs and obtain legal advice;
• Prepare the appointment of liquidator and send a draft to the signing heirs;
• Meeting to explain andsign the deed in person or in the virtual presence of a notary;
• Transmission of a virtual copy.
• The cost of using the electronic signature platform is included in the price.
• The cost of using the electronic signature platform is included in the price.
• The notary, after a thorough evaluation based on his expertise, reserves the right to refuse to sign the deed, and an administrative and opening fee of $100 + tx will be deducted from the amount refunded.

Notes

• If you areunable to sign a deed in person at the notary's office, you can sign remotely via videoconference. This virtual approach complies with the standards established by the Chambre des notaires du Québec. Here are your options:
• Direct remote signature : Possible if you are far from the notary of your choice, especially in urgent situations where a delay could affect your rights. This option is also available if physical, health or climatic constraints prevent you from travelling.
• Virtual power of attorney : You can authorize a proxy to sign the deed on your behalf with a virtual power of attorney attested by the notary. These methods guarantee the validity and legal security of your document.

• For further legal information on liquidating or settling an estate, we invite you to consult our frequently asked legal questions.

• A period of 3 to 10 business days will be required for the preparation of your service request

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