Renunciation or refusal of an estate in the presence of a notary (notarized)

Description

• According to the Civil Code of Québec, any heir who wishes to renounce his or her rights in a succession has a period of 6 months following a person's death to do so.
• This declaration must take the form of a notarial deed, simply made to refuse to inherit from the deceased or because the estate is in deficit. 
• In the event of renunciation of an estate with a will in Quebec, all beneficiaries mentioned in the will, including legatees coming by representation, must renounce the estate in order for Revenu Québec to intervene.
• If some of the heirs renounce and the others do not, then the others will have to take steps on their own to renounce.
• Service procedure:
• Virtual interview with a notary to assess your needs and obtain legal advice;
• Prepare document and send draft, via secure email;
• Meeting for explanations and signing the waiver in person or in the virtual presence of a notary;
• Publication in the RDPRM;
• Transmission of a copy, virtual or paper, depending on the option chosen.
• The cost of using the electronic signature platform is included in the price.
• After examining the file, the notary may, according to his professional expertise, refuse the file if there is any doubt as to the identity and/or capacity of the signatory, influence or interference by third parties or in the presence of any situation contrary to the law, professional ethics or public order. In such a case, an administrative fee of $150 plus taxes will be withheld from any refundable amount, if applicable. 

Notes

• If you are unable to sign a deed in person at the notary's office, remote signing via videoconferencing is possible. This virtual approach complies with the standards established 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 available if physical, health or climatic constraints prevent you from traveling.

• For further legal information, please consult our legal FAQ section.

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

Other services offered

Summary

Summary of clauses available for the preparation of a renunciation of an estate.

• Notarial deed in minute on technological support
• Appearance
• Appearance declaration
• Death of the deceased
• Marital status
• Option 1
• Testamentary succession
• Option 2
• Legal succession and rights of the parties
• Absence of deed of inheritance
• Renunciation of succession
• Intervention
• Absence of acceptance of office
• Waiver of liquidator's office
• Reading and signatures

Price

Fees

Available options