Resignation, renunciation or refusal of the office of liquidator before a notary - Notarized deed

Description

• The Civil Code of Quebec provides that a liquidator appointed may refuse to assume his office, even if he has been appointed by will.
• He may renounce or resign at any time, provided that such withdrawal does not jeopardize the settlement of the estate. However, if the designated person is the sole heir, he or she cannot evade this responsibility.
• As soon as the liquidator has interfered in the liquidation of the estate, regardless of the type of resignation subsequently envisaged, he/she must render an account of his/her management to the heirs for the period during which he/she performed his/her duties
• The document will be signed in virtual form and you will obtain a true copy (paper version) signed by the notary.
• Procedure of the service :
  • Virtual interview with a notary to properly assess your needs and obtain legal advice;
  • Preparation of the resignation, renunciation or refusal of the office of liquidator and dispatch of 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.
• 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 in the impossibility of signing a deed in person at the notary's office, a remote signature via videoconference 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 affect your rights. This option is also available if physical, health or climatic constraints prevent you from traveling. 

• 3 to 10 working days required to prepare the liquidator's resignation

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
• Renunciation to the office of liquidator
• Option 2
• Resignation from liquidator
• 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

Fees