Declaration of legal heirs or heredity in the presence of a notary (notarized)

Description

• When a person has died without leaving a will or leaving an incomplete will, the declaration of legal heirs (d'hérédité) will enable you to establish the list of the deceased's heirs as provided for in the Civil Code of Québec.
• The declaration is used by such organizations as :
  • banks and credit unions
  • insurance companies;
  • or for claims to assets from the estate or others.
• In the same document, heirs can also appoint a liquidator to administer the estate.
• Declaration of legal heirs (heredity) received must be signed by at least the majority of the heirs.
• Service procedure :
• Virtual interview with a notary to assess your needs and obtain legal advice;
• Preparation of the declaration of legal heirs and dispatch of a draft to the signing heirs, by secure e-mail;
• Meeting for explanations and signature in person or in the virtual presence of a notary;
• Transmission of a virtual copy.
• This notarized declaration of legal heirs (heredity) makes it possible to proceed without worry with the necessary steps to settle the estate of a loved one.
• 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 conditions, physical restrictions or climatic conditions do not permit travel
• Distant 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.

Option 2

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

• A period of 3 to 15 business days will be required for the preparation of your service request

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