Appointment of liquidator by heirs - Notarized deed

Description

Appointment of a liquidator

• In the case of an estate without a will or with a will, if the testator failed to designate a liquidator, it is possible to designate a liquidator by notarial act.
• The Civil Code of Québec gives the heirs the right to effect the designation of a liquidator who will administer the succession patrimony.
• The heirs may designate the liquidator by majority vote.
• However, in the presence of a will these rules may vary, depending on the wording and the powers one wishes to confer 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 properly assess your needs and obtain legal advice;
• Preparing the appointment of liquidator and sending a draft to the signing heirs;
• Meeting for explanations and signing the deed in person or in the virtual presence of a notary;
• Transmitting a copy, virtual or paper, depending on the option chosen.
• The cost of using the electronic platform for signing is included in the price.
• The notary, after a thorough evaluation based on his expertise, reserves the right to refuse the signing of the deed and an administrative and opening fee of $150 + tx will be withheld from the amount reimbursed.

Notes

• If you are in the impossibility of signing a deed in person at the notary's office, remote signing via videoconferencing is possible. This virtual approach complies with the standards set by the Chambre des notaires du Québec.

• Direct remote signing is possible if you are far from the notary of your choice, especially in urgent situations where a delay could adversely affect your rights. This option is also valid if physical, health or climatic constraints prevent you from traveling. 

• 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

Other services offered

Summary

Summary of clauses offered in preparation for the appointment of the liquidator by the heirs

• Appearance
• Declarations and agreements
  • Death
  • Marital status and matrimonial regime
  • Search certificates
  • Nature of estate, testamentary or legal
  • Heirs
  • Option : Designated liquidator's waiver
  • Designation of liquidator
• Intervention of the liquidator
• Interpretation clause
• Closing of deed and signatures

Price

Fees

Available options