Description
Appointment of a liquidator
- The Civil Code of Québec provides that a designated liquidator may refuse his/her office, even if he/she has been appointed by will.
- He or she may renounce or resign at any time, provided this does not compromise the settlement of the estate. However, if the designated person is the sole heir, he/she cannot withdraw from this responsibility.
- Resignation, refusal or renunciation should ideally be recorded in writing, to avoid any ambiguity with the heirs and third parties concerned.
- As soon as the liquidator has taken steps or acted in the settlement of the estate, regardless of the type of resignation subsequently contemplated, he or she must account to the heirs for the period during which he or she carried on his or her duties.
- Discover a wealth of information about settling or liquidating an estate by visiting our legal FAQs.
The Civil Code of Québec does not impose any particular formality for a resignation, renunciation or refusal to exercise the office of liquidator. However, depending on the wording of the will and the powers conferred therein, a new designation may be required, in keeping with the testator's wishes and the provisions of the Civil Code.
In addition, certain financial institutions may, under their internal policies, require that the renunciation or resignation document be signed before a notary and accompanied by an affidavit. It is therefore advisable to check the requirements of the institution with which the deceased was doing business before proceeding with the resignation, refusal or renunciation of the liquidator under private signature online.
Other services offered
Summary
Summary of clauses available for the preparation of the resignation, renunciation or refusal of the office of liquidator.
- Appearance
- Declarations
- Option 1
- Option 2
- Identification of deceased
- Will search certificates
- Option 1
- Testamentary succession
- Testamentary provisions regarding replacement
- Option 2
- Legal succession and rights of persons appearing
- Resignation or renunciation of liquidator
- Designation of replacement(s) (optional)
- Interpretation clause
Price
Resignation, renunciation or refusal to act as liquidator |
$90
|