Appointment of liquidator in the presence of a notary (notarized)

Description

• It is possible to appoint a liquidator in the case of a succession without a will, or with a will if the testator has omitted to appoint a liquidator.
• The Civil Code of Québec gives the heirs the right to designate a liquidator to administer the estate.
• A majority of the heirs may designate the liquidator.
• However, these rules may vary depending on the wording of the will 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;
• Preparation of the appointment of liquidator and dispatch of a draft
  to the signing heirs;
• Meeting for explanations and signature in the presence of a notary;
• Transmission of a virtual copy.
• The cost of using the electronic signature platform is included in the price.
• However, a notarial deed will only be accepted if the notary, after a thorough assessment based on his expertise, is convinced that he can adequately exercise his duty to advise and assess the capacity and suitability of the parties to sign a notarial deed. It is essential to note that the notary reserves the right to refuse to sign the deed in the event of uncertainty regarding the above-mentioned criteria. In such cases, an administrative and opening fee of $100 + tx will be deducted from the amount reimbursed.

Notes

• If you are unable to sign the deed in person at the notary's office, it can be signed remotely, in virtual mode via videoconferencing.
• If you opt for remote signing in virtual mode, please note that according to the standards set by the Chambre des notaires du Québec, 2 options are possible for remote signing of a deed, for each signatory of the notarized document.

1st option

By express request of the signatory and the existence of at least one circumstance among those listed below:

• Located at a significant distance from the available notary of his choice
• Health, physical or climatic restrictions prevent travel
• Remote from the notary of his choice, with the specific expertise to meet his needs
• Significant circumstances where postponement could have consequences prejudicial to his or her interests and rights.

2nd option

By express request of the signatory, to produce a power of attorney attested virtually by the notary, authorizing a proxy to sign this notarial deed on technological support.

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

Other services offered

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Fees

Available options