Succession law

A negligent or dishonest executor can cause significant harm to the estate.

Our lawyers can assist with:

• Challenging the appointment of an incompetent executor;

• Application for replacement of the executor;

• Compelled rendering of accounts;

• Request for supervision of estate administration;

• Claim for mismanagement;

• Protection of the estate against abuses.

We protect the interests of heirs against executor misconduct.

The estate liquidation process requires legal expertise as well as administrative rigor.

Our expertise covers:

• Probate of a will before the court;

• Assistance for the liquidator in the execution of their mandate;

• Assistance in conducting the inventory of estate assets;

• Compliant distribution of assets to heirs and legatees;

• Estates involving assets abroad.

We ensure an efficient and compliant settlement of the estate.

The validity of a will can be questioned in several circumstances and may sometimes be declared null and void.

Our services include:

• Verification of the formal validity of the will;

• Contestation for undue influence or coercion;

• Contestation of the testator’s capacity at the time the will was changed;

• Contestation of fraudulent or forged wills;

• Representation before the courts;

• Assistance through the legal stages of the succession;

• Advice regarding your rights and obligations as an heir, particular legatee, or liquidator;

• Judicial partition of the estate;

• Negotiation and out-of-court settlements between heirs.

We meticulously analyze your situation to determine if grounds for contestation exist, and we defend your rights with rigor.

Under Quebec law, a will must be contested within a reasonable time after the estate is opened. Our experienced lawyers can assess your options and guide you through this process.

Disinheritance for unworthiness prevents a person from inheriting if they have committed a serious act against the deceased, such as a crime or acts of violence. It must be declared by a court.

When the deceased has not made a will, the legal order of succession in Quebec provides that the surviving married or civil union spouse and descendants inherit first. In the field of law, this is referred to as legal devolution. The spouse normally receives one-third of the estate and the children two-thirds. In the absence of a spouse, the children inherit everything.