FAQ – Goals and life events – Estate settlement

The liquidator should conduct a will search in the Registre des testaments et mandats (Chambre des notaires du Québec) to find out if the deceased left a will, even if the liquidator already has a will (notarized or not) in hand that he is certain is the deceased's most recent will. The liquidator must also look through the deceased's personal papers or safety deposit box.

To learn more, see Settling an estate.

Each organization or company has its own requirements when it comes to cancelling or destroying its cards. It is better to contact each one to find out what to do.

To learn more, see Settling an estate.

These fees are payable by the estate, not by the person who took care of it. However, often the person who signed the contract with the funeral director also agreed to personally pay for these expenses.

To learn more, see Settling an estate.

Yes. Expenses related to the settlement of the estate are chargeable to the estate.

To learn more, see Settling an estate.

A common-law spouse can only inherit through a will. Because the Civil Code of Quebec does not recognize the common-law spouse as a spouse, a common-law spouse cannot inherit if there is no will.

To learn more, see Settling an estate.

A legacy made to a spouse prior to the divorce usually becomes null with divorce, unless the testator indicated his intention to maintain the legacy. Case-law has opened the door to the recognition of terms favouring a spouse, even after divorce. To avoid any problem of interpretation, it is preferable to modify the will accordingly.

To learn more, see Settling an estate.

No, a legacy made to a spouse during the marriage does not become null with separation. However, a judge can modify gifts mortis causa under the marriage or civil union contract. To avoid such a situation, it is preferable to modify the will accordingly.

To learn more, see Settling an estate.

No, the death of a tenant does not automatically cancel the lease. The "Notice regarding the death of a tenant" form available at the Régie du logement in PDF format must be filled out within 6 months of the death and submitted to the lessor.

The lease can be cancelled by paying the owner the equivalent of 2 months' rent or by reaching another agreement. A person who lived with the tenant may become continue to occupy the dwelling by giving the owner written notice of his or her intention to take over the lease within 2 months of the death.

To learn more, see Settling an estate.

Yes. Declarations of transmission of the deceased's real property to the estate must be made before a notary. The declaration must be notarized and registered in the Québec land register.

To learn more, see Settling an estate.

You can do a policy search with the OmbudService for Life & Health Insurance. To request a policy search:

• you must have reason to believe a policy exists
• you can provide information about the deceased

To learn more, see Settling an estate.

Yes. Life insurance proceeds payable to a designated beneficiary are not part of the estate. A beneficiary can legally collect the sums issued by the insurer and refuse the estate, without having to pay the deceased's debts from the insurance proceeds. This is not the case if the policy is payable to the estate, heirs, liquidator or any person's legal representative, in which case it is considered part of the estate and must be used first to pay estate debts.

To learn more, see Settling an estate.