When a person dies, the first step that the succession of that person has to do is to verify if that person has made a will. Therefore, the heirs of the deceased have to make a will research. In Quebec, this will research is done by filing applications to the two will Registers in Quebec, the will Register of the Chambre des notaires (the notaries professional corporation) and the will Register of the Barreau du Québec (the lawyers professional corporation).
The will is the document in which a person expresses his wishes as to what will happen after that persons death, namely:
- Who will inherit the assets of the deceased and what percentage and under which form;
- Who will be appointed and will act as a liquidator of the estate;
- Who will act as a tutor or as an administrator in the event that they are minor children are heirs in the estate;
- What are the wishes of the deceased regarding funeral arrangements and burial;
If there is a will and you are appointed as a liquidator, you have certain legal obligations to fulfill, namely the will research, as mentioned here above, the publication of notices in the Public Register (Régistre des droits personnels et réels mobiliers, RDPRM) and in a local newspaper and even to file legal proceedings with the Court, if necessary.
Me Robert Brankin can advise you and assist you in order to make a will, as well to act as your counselor or legal representative if you are a liquidator or a heir.
For more information about the wills and the successions, you could visit Me Brankin’s special Website on those issues at www.montestament-mywill.com