RENUNCIATION OF THE ROLE OF LIQUIDATOR

No one is bound to accept the office of liquidator of a succession unless he is the sole heir.[1]

Once the office of liquidator is accepted, the liquidator or testator may bring an application to court to replace the liquidator.[2]

No form is required to renounce the office of liquidator; however, it is recommended to do it in a notarized act as the testator may require for such a form of renunciation.

It must also be noted that a liquidator may be liable for damages which result from an unjustified renunciation of the office.

[1] Supra note 1 at Art. 784.

[2] Ibid art. 788, 791.

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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.