A certificate of heirship (heredity) in the jurisdiction of Quebec is a document that confirms the identity of a deceased person’s heirs and their right to receive his or her estate (property and assets). Although the exact term used in Quebec is “declaration of succession”, the function of this document is similar to that of a certificate of heredity in other jurisdictions.
The declaration of heirship (heredity) in Quebec is a legal document that identifies the legitimate heirs of a deceased person. It is required when the deceased did not leave a will, which is called an intestate succession. This document confirms who is entitled to the succession, i.e. to the property and assets left by the deceased, and authorizes the liquidator to proceed with the management of these assets.
Here are the main points concerning the certificate or declaration of heredity:
1. When is it required?
A declaration of inheritance is required in the absence of a will. If the deceased left a will, the terms of the will determine the heirs and the division of the estate. In the absence of a will, Quebec’s law on intestate succession determines who the heirs are.
2. Contents of the declaration of inheritance :
– Information on the deceased: name, address and date of death.
– Identity of legal heirs: Heirs are generally the surviving spouse (if any) and children. In the absence of a spouse or children, other family members, such as parents or siblings, may be designated.
– Appointing the liquidator: Once the heirs have been identified, one or more liquidators may be appointed to administer the estate. This liquidator is responsible for managing the assets, paying the deceased’s debts and distributing the estate to the heirs.
3. Role of the notary :
The declaration of inheritance is usually drawn up by a notary, especially if the succession situation is complex. The notary ensures that the rules of inheritance are followed and that all legal heirs are correctly identified. Once the declaration of inheritance has been drawn up, it enables the liquidator to act officially on behalf of the estate.
4. Using the document :
Once the declaration of heredity has been obtained, it is often necessary to :
– Close the deceased’s bank accounts.
– Claim funds, insurance or investments.
– Transfer real estate or other assets to heirs.
– Carry out any estate-related transactions.
5. Determining heirs by law :
In the absence of a will, Quebec law determines the order of succession. In general :
– The surviving spouse is entitled to a portion of the estate (but cannot inherit everything, except in exceptional circumstances).
– Children, if any, also inherit.
– In the absence of a spouse or children, the estate may revert to parents, brothers and sisters, and so on, according to the legal order established by the Civil Code of Québec.
In short, the declaration of heredity is an essential document for managing an intestate estate in Quebec. It legally establishes who the heirs are, and facilitates the liquidation of the estate.
Allen Madelin Avocats work daily on protective mandates, wills and estates, advising clients and representing them before the courts. For further details, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
