Proof and quality of the administrator/liquidator of the succession

Under Quebec’s law, it is the liquidator who is seized with the assets and liabilities of the succession. However, in many jurisdictions, it is the heirs who take control of the assets and liabilities as soon as the succession opens, and their rights and functions are governed by the law applicable to the succession.

In an international succession, the liquidator may be called to respect various distinct laws and may have distinct powers conferred onto them. It is therefore recommended for a testator to elect an applicable law to the whole of the succession in order to avoid unnecessary problems and costs resulting from the application of numerous laws.

Where the law governing the succession of the deceased does not provide for an administrator or liquidator authorized to act in Quebec, and the heirs have rights to be exercised there or certain property of the succession is situated in Quebec, an administrator/liquidator may be appointed under the law of Quebec as per Art. 3101 CCQ.

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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.