By: Rosée Tremblay, Funeral director, in collaboration with Samireh Gholami, Notary.
When death occurs and the deceased person has not provided clear instructions regarding his or her last will, several situations can arise that are beyond the control of the loved ones. Discover the three main legal consequences of an inheritance without a will.
1. The law chooses the heirs
This refers to a situation where a person dies without having made a will that mentioned their last wishes.The law provides strict rules for designating heirs according to an established order that does not necessarily correspond to what would have been desired. The shares bequeathed are also determined by law, which again, may not necessarily represent the last wishes of the deceased.
Source : quebec.ca/justice-et-etat-civil/testament-succession
2. The bank's requirements for heirs
Unfortunately, requests for documents and information from the Bank multiply when there is no will. Here are some examples:
- The respect for confidentiality.
- The absence of proof that they are the real heirs.
- The absence of a document that appoints the liquidator who will take charge of the settlement of the estate.
- And more...
Banks therefore ask for certain documents, often produced by a notary to ensure reliability.
- A declaration of heredity: this essential document makes it possible to establish who the heirs are and indicates their share in the deceased's estate under the articles of the Civil Code of Quebec. The declaration of inheritance mentions in particular the link between the heirs and the deceased person and this is possible on the basis of official documents allowing the said link to be made such as the birth certificate of the heirs and the marriage certificate of the deceased. The death certificate from the Directeur de l'état civil is also requested.
- The appointment of liquidator: the liquidator is a person appointed by the heirs who is able to manage the estate. Unfortunately, this can lead to family disputes since the heirs may each have different opinions.
3. A more expensive procedure than a simple will and additional delays
As you can see, this procedure has several stages, each of which reflects several weeks of delays, or even several months for some estates. The fees of a notary are therefore linked and this entails a higher expense than writing a simple will during one's lifetime.
4. The solution
Plan your will during your lifetime by meeting with a notary or legal advisor who will be able to guide you in order to respect your last wishes, while giving you sound legal advice and thus simplifying the procedures.
Notary Samireh Gholami
Tel: (514) 242-3700