Estates and Wills in Sherbrooke
Are you looking for help in settling the estate of a loved one in the Sherbrooke area? At Mtre Cristina Bindac, notary, we understand that the process of settling an estate can be stressful, especially when it is a difficult time for your family. That is why we offer our notarial expertise and legal services in estates and wills to guide you and facilitate the various estate procedures in an efficient and transparent manner.
Our estate services include verification and search of wills, inventory of the estate, declaration of transfer, rendering of accounts, complete handling of the settlement of the estate, renunciation of an estate and declaration of inheritance. By working with our team of professionals, you can be assured that the process will be carried out properly and that your rights will be protected at every stage.
Contact us now to find out more and to facilitate the estate of your loved one in Sherbrooke.
Discover Our Services
Prepare for your future and protect your loved ones with our services related to:
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Wills
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Verification of wills
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Will searches
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Inventory of the estate
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Declaration of transfer
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Rendering of accounts
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Complete handling of the settlement of the estate
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Renunciation of an estate
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Declaration of inheritance
FAQ: Estate
Why Should You Use the Expertise of a Notary to Liquidate an Estate?
The liquidation of an estate is a delicate and complex process. The law provides for the transfer of a deceased person's assets to his heirs and imposes specific rules for the liquidation of the estate. The notary's intervention in this context ensures that the procedure imposed by the law is properly carried out and that any legal problems that may arise are properly resolved.
Who Can Settle an Estate?
The responsibility for settling an estate lies with the liquidator (formerly the "testamentary executor") appointed in the will. In the case of a legal succession (where the deceased did not leave a will), the heirs collectively take on the role of liquidator. They can then share the tasks or appoint one of them or any other person as liquidator. The liquidator may call on the services of a notary. The notary can act as the master of the whole process and assist the liquidator in his task. Given the complexity of liquidating an estate and the legal risks associated with certain actions (including responsibility for payment of the deceased's debts), it is more prudent to consult a notary.
What Is a Declaration of Transfer of Property?
Following a death, the rights that the person had in a building must be transferred to his heirs. This transfer is done by a declaration of transfer by death signed before a notary and which will then be published in the Land Register. Following the publication of this declaration, the municipality and the school service centre will be informed of the transfer and will modify the name of the title owners of the property on the tax roll. This notarial deed provides several pieces of information, including the names of the heirs and the liquidator of the estate, information about the will if there is one and the date of death. It also specifies who is the owner of the property and who has the power to sell the property.
FAQ: Will
Why Should You Make a Will?
A will is the best way to make your wishes known after your death. In it, you can state your wishes for the distribution of your property, naming the person(s) to whom you wish to leave it and the share of each. It is not compulsory to make a will, but it is preferable. If you do not have a will, the law will determine your heirs and the share they will receive. This is called "legal succession" (or "intestacy"). However, the people designated by the law are not necessarily those you would have designated in the first place. Moreover, the experience of notaries shows that the risk of conflicts between heirs is higher in this context.
Who Is a Liquidator?
The liquidator is an administrator of the estate's assets and is responsible for ensuring that the deceased's wishes are carried out in full and that each stage of the liquidation of the estate is completed. All estates, whether testamentary or legal (without a will), are settled by a liquidator. The person named in the will as liquidator is usually a relative or friend whom the testator trusts. In a legal succession, this role is devolved to the heirs. The heirs can play this role collectively, share the tasks or designate one of them to act as liquidator. If the heirs do not agree among themselves, the court will appoint the liquidator of the estate. We invite you to contact a notary for more information on your rights and obligations.
What Is the Purpose of a Codicil?
A codicil is the name which used to be given to the document which records a change to an existing will, without cancelling or replacing it in its entirety. Today, it is called an amendment to a will. The will remains valid except for the change made by the amendment. If you have difficulty understanding the scope of an amendment to a will, we invite you to consult a notary who will be able to read it and answer your questions on the subject.