- Without a will, the state gets to settle the devolution of your assets. This is a more costly way of doing things than preparing a notarised will. Bessette Notaires has very competitive rates to have this service widely available. You may be pleasantly surprised. Don’t hesitate to take the few minutes required to obtain an online quote!
- An affidavit is a sworn statement made in the presence of a person authorised by law to certify your oath.
- The person appointed to handle the settlement of an estate is the « liquidator ». That person can be identified in the will or appointed by the heirs. Many individuals can share the responsibility if so stated in the will. There is no obligation to accept this responsibility, even if the liquidator is specifically named in the will of the deceased. It is also possible to appoint a notary, a lawyer, or an accountant to handle the settlement of the estate. However, only a notary or a lawyer can provide legal advice on the settlement of an estate.
- Usually, the heirs must settle the debts contracted by the deceased. The creditors are in their right of claiming the amounts due. That is why it is best to obtain professional advice before proceeding with the settlement of an estate. You will then know if the estate is insolvent, with more liabilities than assets.
- When the value of an estate is less than what is claimed by the creditors, the heirs are faced with a problem. Fortunately, the law allows to turn down an insolvent estate. However, one must be patient and proceed with caution as the simple transfer of a property, a vehicle or money to your account is legally deemed as accepting the estate. When in doubt, consult a professional.
- To travel with your children, you will need to have the following documents:
- A letter, written preferably in English or French, authorising you to travel with the children and signed by the parent who is not traveling with the children;
- A copy of the child’s birth certificate;
- A photocopy of the passport or national identity card of the parent that is not traveling with the children bearing the signature of the holder.