Description
Appointment of a liquidator
- The Civil Code of Québec provides that a designated liquidator may refuse to assume his office, even if he 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 interfered in the liquidation of the estate, regardless of the type of resignation subsequently envisaged, he or she must account to the heirs for the period during which he or she exercised 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.
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Price
Resignation, renunciation or refusal to act as liquidator |
$90
|