Robert Brankin, Avocat / Lawyer

www.montestament-mywill.com

Tel: (514) 288-0257

Email: avocat@robertbrankin.com

Successions

The succession of a person opens by his death. The first question that the family members of the deceased must clarify is if the deceased has made a will, because normally in the will there are dispositions regarding person's wishes about the funeral ceremony and the burial.

Often, the close family members of the deceased are aware of the existence of a will and the will is normally within the personal documents of the deceased. Whether or not the deceased has made a will, a will research has to be performed in order to insure first, if there is a will and second, which one is the most recent (the last) will. Normally the last will is the one considered as the valid one, the one representing the final wishes of the deceased, but in some cases the validity of a will can be contested, if there are serious reasons to believe that at the time of the signing of the will the mental capacity of the deceased were altered by sickness or by manipulation from a third party.

Normally in a will, the deceased appoints a liquidator, who can be one of the heirs or a close friend, a person in who the deceased has full trust, because it is the liquidator who will have the authority and the obligation to insure that the wishes of the deceased are fulfilled correctly and fully. The liquidator also has some obligations to fulfill by Law.

The successors have the option to accept or to renounce the succession. This right of an option allows the successors of a succession which is in deficit (the liabilities exceed the assets) to renounce to it.

If a person dies without leaving a will, the successors have other obligations and formalities to fulfill, as an example to introduce a procedure for nomination of a liquidator, for authorization to pay certain debts or liquidate some assets of the deceased, etc.

The settlement of a succession is a complex process with numerous obligations and formalities to fulfill. Whether you are a heir or a liquidator, whether the succession is settled according to a will or by Law, Me Robert Brankin cans assist you by performing for you some of the obligations and formalities or by representing you in the legal proceedings in case of contestation.  

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