Inheritance Law

Liquidator obligations


f you’ve been appointed to act as the liquidator or executor of the estate of a deceased person, you should be aware that this duty entails certain obligations and responsibilities on your part. You also have certain rights that are established in the Civil Code of Quebec. It is important for you to have a thorough understanding of your role, as you could be held personally liable for your actions. You have the obligation to manage the assets of the estate in the best interests of the heirs. Some examples of the duties you must assume as liquidator include searching for wills, recording certain notices in the Register of Personal and Movable Real Rights (RPMRR) and preparing an inventory of the estate. Furthermore, in the course of managing the estate, you may receive demands or requests from the heirs or even from third parties. Our professionals are here to advise you and support you in your duties as liquidator of an estate. In the event that someone tries to file a claim against you as a result of the actions you take, our lawyers can defend you and enforce your rights in court. We can also represent you so that you can receive instructions from the court in the event that you’re impeded in the fulfillment your duties.

Rights of heirs


hen a loved one passes away, you might wonder if you’re named in the will. It’s even possible that a liquidator will have contacted you to let you know that you are receiving an inheritance. As of that moment, as an heir, you must make certain decisions for which you could be held personally liable. Moreover, depending on the provisions of the will, you may be receiving either an individual inheritance or a universal inheritance. In order to understand your rights and the impact of this inheritance, it’s important to consult a legal professional. You might also have questions or concerns regarding the way the designated liquidator is managing the estate. You should know that the Civil Code of Quebec establishes certain provisions to benefit heirs and ensure that they’re protected. Our attorneys can guide and support you in initiating and pursuing the legal recourses that are available to you to enforce your rights.

Estate litigation


n certain situations, for example, when there’s a codicil (an addendum or amendment to a will) or if there’s a new belated will, liquidation of the estate can lead to significant disputes. The same is true if there are certain provisions of the will that are open to interpretation, on which there isn’t unanimous agreement. In this case, it may be necessary to go to court to obtain a ruling on the matter. Our lawyers are accustomed to representing clients in cases like these, so you can rest assured that they’ll act in your best interests. Furthermore, they can guide and support you through the legal proceedings, which often prove to be highly complex. Don’t hesitate to call on our services.

Third-party rights


third party may have a stake in an estate, for example, in the event of the death of a creditor. In this case, certain actions must be undertaken to enforce a debt obligation or your rights against the estate. Whether you’ve already filed a claim or intend to take legal action in the near future, it’s important for you to call on our attorneys so they can inform you as to the deadlines that must be observed and the procedures that must be followed to protect your rights. Our professionals can give you the advice you need and undertake the necessary actions against the estate on your behalf.

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