LIQUIDATOR'S FEES

According to the Civil Code of Quebec (hereinafter “CCQ”), a liquidator is entitled to the reimbursement of the expenses incurred in fulfilling his duties.

However, as to remuneration, a liquidator will only be entitled to it if he is not an heir. In the event that the liquidator is an heir, he may be remunerated if provided for in the will or the heirs so agree.[1]

It is important to mention that liquidators are paid out of the estate’s fund.

In the absence of any indications in the will with regards to the remuneration of the liquidator, the CCQ provides for a mechanism which permits courts to fix a remuneration owed to the liquidator.

Furthermore, case law has established several criteria which help to determine the remuneration of the liquidator, namely:

  • The liquidator’s profession i.e. whether or not the liquidator is bringing in added value to the estate by relying on professional skills;
  • The liquidator’s experience in handling the deceased’s affairs;
  • The complexity of the estate; and
  • The number of successors to appease, their proximity and the nature of their relationship with the liquidator i.e. Are the relationships contentious? Do all successors live in the same vicinity of the estate’s assets?

It is also important, as a liquidator, to provide a detailed accounting of his tasks, attributable time, and expenses to show entitlement to remuneration.

It is also possible to contest the remuneration of the liquidator, but seeking an amicable solution is always preferred rather than launching an action in the courts.

[1] Ibid art. 789.

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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.