Frequently asked questions

A will is a legal document that allows you to express your wishes regarding the distribution of your property after your death. It may also contain important instructions concerning the administration of your estate.

A will allows you to choose your heirs, appoint a liquidator for your estate and set out your wishes. It helps avoid uncertainty and makes the settlement of your estate easier.

Without a will, your estate will be settled according to the rules set out in the law. Your property will then be divided among your heirs in accordance with the provisions of the Civil Code of Québec.

A notarial will offers several advantages:

• it is drafted by a legal professional;
• it is difficult to contest;
• it is kept securely;
• it generally does not need to be probated after death;
• it makes the settlement of the estate easier and faster.

Any person aged 18 or older who has the required capacity can make a will.

Yes. As long as you are able to express your wishes, you can change or replace your will at any time.

It is recommended that you review your will when important events occur, including:

• a marriage or civil union;
• a separation or divorce;
• the birth of a child or grandchild;
• the purchase or sale of a property;
• the death of a loved one;
• a significant change in your financial situation.

In certain situations, the law allows you to freely choose your heirs. However, some legal obligations may remain. A notary can advise you based on your particular situation.

You can appoint any adult you trust. The liquidator will be responsible for administering and settling your estate.

The liquidator is the person responsible for carrying out all the necessary steps after the death, including the inventory of the property, the payment of debts and the distribution of the property to the heirs.

Yes. You can bequeath a specific item, a sum of money or a particular right to a person, a loved one or a charitable organization.

Yes. You are generally free to name the beneficiaries of your choice in your will.

Your will can provide for this possibility. Otherwise, certain legal rules may apply.

Yes. A will can contain specific provisions regarding the administration of property bequeathed to minor children and provide better protection for their inheritance.

Not necessarily. In the absence of testamentary provisions, the legal rules of devolution of successions apply. A will allows you to state your intentions clearly in this regard.

Yes. A notarial will is kept in the central digital records office and its existence is entered in the registers used for will searches.

Fees vary depending on the complexity of your situation and your wishes. An estimate can be provided during a consultation.

In most cases, a few meetings are enough to review your situation, receive tailored advice and sign your will.

Depending on your situation and the formalities required, some preparatory steps can be done remotely. However, the signing must take place in the physical presence of the notary, except in exceptional cases.

Every family and financial situation is unique. The notary ensures that your will faithfully reflects your wishes, meets legal requirements and takes into account the legal and tax consequences of your choices.

Depending on your situation, it may be useful to have:

• a piece of identification;
• the contact information of your spouse and children;
• a brief list of your property;
• information about your business, if applicable;
• any questions or concerns about your estate.

When a person dies without leaving a valid will, the rules set out in the Civil Code of Québec determine who the heirs are and how the property will be divided.

The heirs are determined by law. Depending on the circumstances, they may be the married or civil union spouse, children, grandchildren, parents, brothers and sisters or other family members.

De facto spouse

No. As a general rule, a de facto spouse is not a legal heir under the Civil Code of Québec. Without a will, a de facto spouse therefore cannot inherit from the estate solely because the couple lived together.

Spouse in a parental union

Since the parental union regime came into force, spouses covered by this regime may benefit from certain rights provided by law, particularly regarding the parental union patrimony. In addition, the surviving spouse may have succession rights recognized by law in the situations provided for.

Each situation must be analyzed according to the children's dates of birth, the composition of the family, whether or not there is a will, and the property that forms part of the parental union patrimony.

It is therefore strongly recommended that you consult a notary to determine precisely the rights of the surviving spouse.

Yes. For spouses subject to the parental union regime, the death of one of them may have particular consequences for the division of certain property and for the rights of the surviving spouse.

However, a will remains the best way to protect your spouse and to ensure that your wishes are respected at the time of your death.

In this situation, the estate is generally divided between the surviving spouse and the children in the proportions set out in the law.

Depending on the circumstances, the estate could go to the married or civil union spouse, the parents, brothers and sisters, nephews and nieces or other family members.

If no heir can be identified under the rules set out in the law, the property may be taken by the State.

In most cases, yes.

A declaration of heredity is a notarial act that officially identifies the legal heirs when the deceased did not leave a will.

A declaration of heredity is a notarial document that establishes:

• the identity of the deceased;
• their civil status;
• the composition of their family;
• the persons called to inherit the estate.

This document is frequently required by financial institutions and the Land Register.

Yes. Even when the family believes that no will exists, searches must be carried out with the Chambre des notaires du Québec and the Barreau du Québec to confirm that no will has been registered.

The heirs may appoint a liquidator to administer the estate.

Failing an agreement, the Civil Code provides mechanisms for appointing a person responsible for the liquidation.

Among other things, the liquidator must:

• identify the heirs;
• make an inventory of the property and debts;
• collect amounts owed to the estate;
• pay the creditors;
• file the required tax returns;
• distribute the property to the heirs.

The debts of the estate must first be paid out of the estate property.

As a general rule, an heir is not required to personally pay the debts of the deceased beyond what they receive from the estate, subject to the applicable rules.

Yes. An heir may renounce a succession, particularly when it has more debts than assets.

A renunciation must comply with certain legal formalities.

An inventory is strongly recommended and, in many situations, necessary in order to know precisely the assets and debts of the estate and to protect the heirs.

Every file is unique. The time required depends in particular on:

• the number of heirs;
• the nature of the property;
• whether there are immovable properties;
• the tax steps required;
• the cooperation among the heirs.

Some estates can be settled in a few months, while others take longer.

Before a property can be sold or transferred to the heirs, a declaration of transmission and the other required acts will generally need to be prepared and published in the Land Register.

Depending on the nature of the file, certain documents will need to be signed before a notary. However, several steps can be started remotely.

Among other things, the notary can:

• carry out the will searches;
• prepare the declaration of heredity;
• advise the heirs on their rights;
• assist the liquidator with the required steps;
• prepare the declaration of transmission;
• draft the acts required to settle the estate;
• ensure that legal obligations are met.

The liquidator is the person responsible for settling the estate of a deceased person. Among other things, the liquidator must identify the heirs, make an inventory of the property, pay debts and taxes, and then distribute the property to the heirs.

Settling an estate involves many legal and administrative obligations. The notary assists the liquidator at every step to ensure that the steps taken comply with the law and that the risk of errors is reduced.

No. The notary acts as legal advisor and assists the liquidator in carrying out their mandate. The liquidator nevertheless remains responsible for administering the estate, unless they formally entrust this mandate to a professional where such an option is available.

Among other things, the notary can assist you with:

• will searches;
• probate of the will;
• the declaration of heredity;
• the inventory of property;
• notices to creditors;
• dealings with financial institutions;
• the declaration of transmission;
• the sale or transfer of immovable property;
• the rendering of account;
• the final partition of the estate.

No. A person named as liquidator can generally decline this office. It is recommended that you consult a notary to understand the consequences of this decision.

The notary can carry out the necessary will searches to verify whether a notarial will or a will entered in the appropriate registers exists.

In most cases, an inventory is strongly recommended and sometimes mandatory. It establishes the assets and liabilities of the estate and protects both the heirs and the liquidator.

Every estate is different. The time required depends in particular on the nature of the property, the number of heirs, the tax situation and the complexity of the file. Some estates are settled within a few months, while others take longer.

The liquidator must act prudently and comply with the formalities set out in the law. Professional support often helps avoid errors that could engage the liquidator's liability.

The notary can explain each person's rights and obligations and encourage discussion between the parties. However, when a significant dispute arises, other remedies may be necessary.

When the debts exceed the value of the property, special measures must be taken to protect the heirs and the liquidator. A notary can advise you on the appropriate steps.

Fees vary depending on the complexity of the estate and the services requested. An estimate can be provided after the file has been reviewed.

Yes. Whether you are at the beginning of the process or already involved in settling the estate, you can obtain support tailored to your needs.

An estate is said to be insolvent when the debts of the deceased exceed the value of their property. In other words, the assets of the estate are not sufficient to pay all the creditors.

An insolvent estate involves several legal pitfalls. The notary can analyze the financial situation of the estate, advise the liquidator on the appropriate steps, assist in dealings with creditors and, when necessary, refer the liquidator to the court proceedings that allow the estate to be settled properly.

The liquidator must draw up an inventory of the property and debts of the deceased. This inventory establishes the actual financial situation of the estate and shows whether the assets are sufficient to pay the debts.

Depending on the case, the property may include:

• bank accounts;
• immovable properties;
• vehicles;
• investments;
• tax refunds receivable;
• furniture and personal effects;
• interests in a business.

Debts may include:

• mortgages;
• credit cards;
• lines of credit;
• personal loans;
• taxes owing;
• unpaid utility bills;
• funeral expenses;
• creditors' claims.

Yes.

An heir may renounce the succession when they consider that it has more debts than assets. The renunciation must, however, comply with the formalities set out in the law.

In such a case, special procedures may be put in place to allow the estate to be administered for the benefit of the creditors in accordance with the applicable rules.

No, provided that the liquidator carries out their mandate diligently and in accordance with their legal obligations.

The liquidator generally does not have to personally pay the debts of the deceased.

No. A premature distribution could engage the liquidator's liability.

Before any distribution, the liquidator must, among other things:

• identify the creditors;
• draw up an inventory;
• settle the debts;
• meet tax obligations;
• make sure the estate is solvent.

The law sets out certain rules of priority among creditors. Each situation must be analyzed individually to determine the order in which claims must be dealt with.

Funeral expenses are generally a debt of the estate and are normally paid out of the property available in the estate. However, the person who signed the contract often makes a personal commitment.

It may be necessary to sell the property in order to repay, in whole or in part, the creditors of the estate. Each situation must be assessed based on the value of the property and the charges affecting it.

Depending on the circumstances, creditors may enforce their rights against the property of the estate to obtain payment of their claim.

An insolvent estate often involves significant legal issues. The notary can:

• assess the financial situation of the estate;
• advise the heirs on their options;
• assist the liquidator with the required steps;
• prepare the necessary acts;
• help manage the creditors;
• reduce the risk of errors that could engage the liquidator's liability.

Yes. When an estate does not have enough assets to pay all of its debts, the liquidator may, in certain situations, seek the court's authorization to propose a settlement to the creditors.

This proposal allows the available amounts to be distributed among the creditors according to the circumstances of the file, while ensuring an orderly and fair administration of the estate.

A proposal may be considered when:

• the debts greatly exceed the assets of the estate;
• it is impossible to pay all the creditors in full;
• the liquidator wishes to avoid multiple legal proceedings;
• a global settlement is in the best interest of the estate.

The liquidator of the estate may be called upon to take this step with the assistance of professionals, including a notary or a lawyer, when the situation warrants it.

Yes. In certain situations, the court's authorization or involvement may be required to validate the proposed process and protect the rights of all interested parties.

The proposal is generally submitted to the creditors concerned. Depending on the circumstances and the applicable legal framework, they may accept or contest it.

This process can:

• simplify the settlement of the estate;
• avoid certain disputes;
• ensure fair treatment of creditors;
• limit the liquidator's exposure to liability;
• make it easier to close the estate.

As a general rule, the heirs are not personally liable for the debts of the deceased beyond what they receive from the estate, provided that the rules on liquidation have been followed.

A protection mandate is a legal document that allows you to designate in advance one or more trusted persons who will take care of you and administer your property if you become incapable of taking care of yourself or managing your affairs.

Preparing a protection mandate allows you to choose who will represent you in the event of incapacity, to express your wishes and to spare your loved ones more complex court proceedings.

A general power of attorney allows a person to act on your behalf while you are still capable. It is used, among other things, to manage your finances, sign documents or carry out certain administrative steps.

A protection mandate, on the other hand, is intended to be used when you become incapable. It generally only takes effect after it has been homologated or after the formalities set out in the law have been completed.

These two documents complement each other. A general power of attorney makes it easier to manage your affairs when you are away, ill or temporarily unable to act. A protection mandate ensures your protection in the event of a loss of autonomy or incapacity.

You can designate any adult you trust, such as:

• your spouse;
• a child;
• a family member;
• a trusted friend;
• several persons acting jointly or separately.

Yes. You can name one person responsible for administering your property and another responsible for making decisions about your well-being and your care.

A protection mandate generally comes into effect after incapacity has been established and the required procedures have been completed.

In most cases, a general power of attorney ceases to have effect when the mandator becomes incapable. That is why it is strongly recommended that you also have a protection mandate.

Yes. A general power of attorney and a protection mandate meet different and complementary needs.

A general power of attorney allows a trusted person to manage your affairs while you are still capable but unable to act yourself, for example because of illness, hospitalization, extended travel or an absence.

In addition, when a person becomes incapable, some time may pass before the protection mandate can be homologated. During this transitional period, a well-drafted general power of attorney can sometimes allow the mandatary to continue certain day-to-day transactions, making it easier to manage the mandator's affairs until the protection mandate takes effect. It is nevertheless recommended that you consult a notary to assess the scope of the power of attorney in your particular situation.

Because together these two documents provide complete protection:

• the general power of attorney meets immediate or temporary needs;
• the protection mandate provides the necessary measures in the event of incapacity;
• together, they ensure better continuity in the administration of your affairs and reduce difficulties for your loved ones.

In short, a general power of attorney can be a valuable tool to ensure a smooth transition during the homologation of the protection mandate, so that certain urgent or routine matters are not delayed.

Depending on the powers granted, that person can, among other things:

• manage your bank accounts;
• pay your bills;
• collect income;
• sign certain contracts;
• administer your property;
• carry out various administrative steps on your behalf.

Depending on the powers provided in the mandate, the mandatary can:

• administer your property;
• manage your finances;
• make decisions regarding your housing;
• see to your well-being;
• consent to certain care in accordance with the law.

Yes. You can provide very broad powers or, on the contrary, impose certain limits and conditions according to your wishes.

If you become incapable without having prepared a protection mandate, your loved ones may have to take steps to set up a protective supervision regime so that someone can legally represent you.

Yes. As long as you are capable, you can change or replace these documents at any time.

No. Even a spouse does not automatically have the power to manage all your property or to represent you in every situation. Appropriate documents help avoid many difficulties.

The best time is when you are in full possession of your faculties. These documents are part of good personal planning, just like a will.

Yes. An illness, an accident or an unexpected event can occur at any age. These documents ensure your protection and that of your loved ones.

A notarial protection mandate offers several advantages:

• personalized legal advice;
• drafting adapted to your situation;
• secure safekeeping;
• better evidence of your wishes;
• a reduced risk of contestation.

Generally, valid identification is required. Depending on your situation, certain information about your family, your property or the people you wish to name may also be needed.

Fees vary depending on the complexity of the file and the client's particular needs. An estimate can be provided during a consultation.

Yes. Many people take this opportunity to complete their personal planning and put in place all the documents essential to their protection.

Homologation is the procedure that makes a protection mandate enforceable when a person becomes incapable. It confirms the mandator's incapacity and allows the designated mandatary to legally exercise the powers provided in the mandate.

Homologation becomes necessary when a person is no longer able to take care of themselves or administer their property because of an illness, an accident, a cognitive disorder or a loss of autonomy.

The application can generally be made by the mandatary designated in the mandate, a loved one or any other person with an interest in acting in the best interest of the person who has become incapable.

Incapacity must be established through medical and psychosocial assessments carried out by the competent professionals.

Timelines vary depending on the circumstances, how quickly the assessments can be obtained, the availability of the required documents and administrative delays.

The notary can handle all the steps required for the homologation of the protection mandate and support the family at every stage of the process.

The notary's role includes, among other things:

• analyzing the protection mandate;
• verifying its validity;
• obtaining and reviewing the medical and psychosocial assessments;
• preparing the required documents;
• notifying the family and the persons concerned;
• supporting the mandatary in fulfilling their obligations;
• drafting the necessary acts and proceedings;
• communicating with the stakeholders involved in the file.

Yes. The notary can prepare the entire file and carry out the required proceedings on behalf of the mandatary or the family.

Among other things, the notary can:

• prepare the court application;
• gather the necessary evidence;
• coordinate notifications to the persons concerned;
• prepare sworn statements and other required documents;
• follow up on the file until judgment is obtained.

The notary is often the main professional who supports the family throughout the process.

Homologation often takes place in a context of loss of autonomy, illness or family difficulties. By entrusting the file to a notary, you benefit from:

• complete legal support;
• rigorous handling of the formalities;
• a procedure that complies with legal requirements;
• reassuring support for the mandatary and their family.

Once homologation is completed, the mandatary can exercise the powers entrusted to them in the protection mandate, including:

• administering bank accounts;
• managing property;
• signing certain documents;
• making decisions regarding housing;
• seeing to the well-being of the incapable person.

No. The protection put in place must respect the person's rights, autonomy and residual abilities as much as possible.

Yes. However, a notarial mandate often makes the process easier, since it has significant probative value and is kept securely.

In the absence of a protection mandate, it may be necessary to put in place a representation or protection measure adapted to the situation of the person who has become incapable.

Yes. In certain situations, a valid general power of attorney can allow the mandatary to continue carrying out certain routine administrative or financial acts during the time needed to obtain homologation. This can ensure better continuity in managing the mandator's affairs.

The mandate may provide for remuneration of the mandatary. Otherwise, the applicable rules will depend on the circumstances and the provisions of the mandate.

The mandatary must act prudently, diligently, honestly and in the best interest of the person represented. The mandatary must respect the wishes expressed in the mandate as much as possible.

Yes. An interested person may raise objections in certain situations, particularly when the incapacity or the validity of the mandate is called into question.

No. Once incapacity has been established, the person is generally no longer able to change their mandate. This is why it is important to review this document regularly while the person is fully capable.

Fees vary depending on the complexity of the file, the steps required and the documents to be obtained. An estimate can be provided during a consultation.

The homologation of a protection mandate often takes place at a difficult time for the family. The notary supports you at every step to simplify the process, ensure its legal compliance and allow the mandatary to act quickly to protect the incapable person.

Tutorship to a person of full age is a protective measure for a person who is no longer able to fully exercise certain rights or make certain decisions because of an impairment of their faculties, while retaining some autonomy.

Tutorship may be considered when a person is affected by:

• a neurodegenerative disease;
• a cognitive disorder;
• an intellectual disability;
• a head injury;
• a mental health problem;
• any other condition limiting their ability to look after their interests adequately.

No. Tutorship is a measure adapted to the person's needs. It aims to preserve their autonomy and the exercise of their rights as much as possible while giving them the protection they need.

A protection mandate is prepared in advance by a capable person who chooses for themselves who will represent them in the event of incapacity.

Tutorship to a person of full age is put in place when no applicable protection mandate exists or when a protective measure becomes necessary to protect the person.

The application may be made, among others, by:

• a spouse;
• a child;
• a parent;
• a loved one;
• a person interested in their well-being;
• a health or social services institution in certain circumstances.

The need for tutorship is assessed on the basis of:

• a medical assessment;
• a psychosocial assessment;
• an analysis of the personal, family and financial situation of the person concerned.

Any adult capable of performing this role can be designated, including:

• the spouse;
• a child;
• a brother or sister;
• another family member;
• a trusted loved one.

The choice must always be made in the interest of the person to be protected.

The tutor acts on behalf of the protected person within the limits set out in the law and the judgment. Among other things, the tutor can:

• administer certain property;
• manage finances;
• carry out administrative steps;
• protect the person's rights;
• make certain decisions necessary for their well-being.

Before tutorship is instituted, a meeting of the loved ones of the person concerned is generally called in order to:

• give its opinion on whether tutorship is necessary;
• recommend a person to act as tutor;
• propose the composition of the tutorship council.

The tutorship council is a body made up of loved ones that supervises the tutor's work and protects the interests of the person under tutorship.

In most cases, yes. However, certain exceptions may apply depending on the person's particular situation and the nature of their patrimony.

The notary can support the family through all the steps, including:

• analyzing the legal situation;
• obtaining the necessary information;
• preparing the proceeding to institute tutorship;
• organizing the meeting of relatives, persons connected by marriage or a civil union, or friends;
• drafting the minutes of the meeting;
• preparing the required documents;
• filing the application in accordance with the applicable procedure.

Yes. When the matter is uncontested, the notary can generally conduct the non-contentious procedure provided by law, which often simplifies the process for the family.

Timelines vary depending on the complexity of the file, the availability of the required assessments, the holding of the meeting of relatives and, if necessary, court delays.

Yes. The tutor must act prudently, diligently and transparently. The tutor must comply with the obligations set out in the law and render account of their administration when required.

Yes. Tutorship can be modified or terminated if the person's condition improves or if the measure is no longer necessary.

Fees depend on the complexity of the file, the steps to be taken and the professional services required. An estimate can be provided during a consultation.

Instituting tutorship often happens in a sensitive context for the person concerned and their family. The notary provides human and legal support that simplifies the process, meets legal requirements and protects the rights of the vulnerable person.

Tutorship to a minor is a protective regime provided by law to protect the rights and property of a child under 18. Parents are generally the legal tutors of their child, but certain situations require specific steps.

Tutorship to a minor may be necessary, among other cases, when:

• a minor inherits from an estate;
• a minor receives a significant indemnity;
• a parent dies;
• the parents can no longer act as tutors;
• property must be administered on behalf of the minor.

The notary supports you through the legal and administrative steps to ensure that the minor's interests are protected and that the legal formalities are met.

The tutor is the person responsible for representing the minor in the exercise of their rights and, depending on the situation, administering the property that belongs to them.

Yes. As a general rule, parents exercise legal tutorship over their minor children. However, when significant property must be administered or when the parents are deceased or unable to act, additional formalities may be required.

The tutorship council is a group of persons designated to supervise the tutor's administration and protect the minor's interests.

A tutorship council is often required when the minor owns property that requires special administration, particularly following an estate or the payment of a significant indemnity.

Among other things, the tutorship council can:

• supervise the administration of the minor's property;
• give certain opinions or authorizations;
• make sure the minor's patrimony is protected;
• intervene when the law requires it.

The minor becomes the owner of the property bequeathed to them. However, the administration of this property is subject to special rules to protect their patrimony until they reach the age of majority.

The tutor must administer the minor's property exclusively in the minor's interest. Certain significant expenses or transactions may require additional authorizations depending on the circumstances.

In many situations, special authorizations are required before selling, hypothecating or disposing of property belonging to a minor.

No. Even when they administer their child's property, the parents do not become the owners of that property. They must manage it in the minor's interest.

A person may be called upon to exercise tutorship over the minor in accordance with the rules set out in the law or with the provisions made by the parents in a will or an appropriate mandate.

Yes. Parents can include provisions in their will indicating the person they wish to act as tutor for their children in the event of their death.

Timelines vary depending on the situation, the minor's patrimony and the formalities required. A notary can guide you to complete the process as efficiently as possible.

Tutorship generally ends at the age of majority. The young adult then fully resumes the exercise of their rights and the management of their property.

Fees depend on the complexity of the file and the steps required. An estimate can be provided during a consultation.

Yes. Depending on the file, several meetings and document exchanges can be done remotely.

Instituting tutorship to a minor involves significant responsibilities and specific rules. The notary protects the minor's patrimony, advises the family and makes sure that all formalities are completed in accordance with the law.

A tutorship council is a mechanism provided by law to protect the interests of a minor child when the child owns significant property or when tutorship must be exercised over their patrimony. The council acts as a supervisory and support body for the tutor.

A tutorship council may be required, among other cases, when:

• a child inherits a sum of money or a property;
• a child receives an insurance indemnity or an indemnity following a judgment;
• property must be administered on behalf of the minor;
• the law requires a tutorship council to be formed to protect the minor's patrimony.

The tutorship council protects the minor's interests. It supervises certain important decisions made by the tutor and may be called upon to give its opinion or to authorize certain transactions involving the minor's property.

The council is generally made up of three people chosen from among the child's loved ones, such as:

• grandparents;
• uncles and aunts;
• adult brothers and sisters;
• other family members or significant persons.

Members must be adults and capable of performing this role.

Parents exercising tutorship are usually not part of the tutorship council itself, since one of the council's functions is to supervise certain acts of the tutor.

The council normally has three members. However, in certain circumstances and with the necessary authorizations, it may consist of a single member when the situation warrants it.

A tutorship council is generally formed at a meeting of relatives, persons connected by marriage or a civil union, or friends called for that purpose. Those present then designate the members of the tutorship council.

Yes. A meeting must usually be held to designate the members of the tutorship council. This meeting can often be held remotely when circumstances allow.

A notary can support you throughout the process, including preparing the notices of meeting, holding the meeting, drafting the required documents and making sure that all legal formalities are met.

The persons called to the meeting:

• discuss the minor's situation;
• designate the members of the tutorship council;
• may designate a substitute;
• determine certain operating rules for the council.

Minutes are then prepared.

In most cases, a tutorship council can be formed without a complex court proceeding when everyone involved cooperates and the conditions set out in the law are met.

Depending on the circumstances, the council may be called upon periodically to review the administration of the minor's patrimony or when an important decision must be made.

Depending on the nature of the property and the minor's situation, the council may be consulted or called upon to intervene for:

• the sale of a property belonging to the minor;
• the use of significant sums of money;
• certain placements or investments;
• other important acts affecting the minor's patrimony.

The tutorship council generally ends when the child turns 18 or when the circumstances that justified its creation no longer exist.

It is recommended that you consult a notary promptly to determine the required steps. Depending on the value and nature of the property received, forming a tutorship council may be necessary to properly protect the minor's interests.

Possibly. Each situation must be assessed individually. When significant sums are held in a minor's name, the law may require certain protective measures, including forming a tutorship council.

The notary can:

• explain your legal obligations;
• organize the meeting of relatives, persons connected by marriage or a civil union, or friends;
• prepare the notices of meeting and the resolutions;
• draft the minutes;
• advise you on the administration of the minor's property;
• support you throughout the process.

Yes. In Québec, notaries are authorized to solemnize civil marriages. The notary acts as an authorized officiant and makes sure that all legal formalities are met.

Yes. A notary can solemnize both a marriage and a civil union and advise you on the legal consequences of each option.

Marriage and civil union offer many similar rights and obligations between spouses. However, some rules differ, particularly regarding the dissolution of the union. The notary can explain the particularities of each regime to help you make an informed choice.

The notary offers personalized support before, during and after the ceremony. Among other things, the notary can:

• verify that the legal conditions are met;
• prepare the required formalities;
• answer your legal questions;
• officiate the ceremony;
• register the necessary documents with the competent authorities;
• advise you on the financial and property consequences of your union.

Yes. The law requires that a notice be published before the ceremony to inform the public of the intended marriage or civil union.

It is recommended that you contact the notary several weeks before the desired date to allow time to prepare the documents and complete the legal formalities.

Yes. While meeting the legal requirements, the notary can adapt the ceremony so that it reflects your values, your story and your wishes.

Depending on the circumstances and the applicable rules, the ceremony can take place:

• at the notary's office;
• in a reception hall;
• at your home;
• at a suitable outdoor location;
• at any other place agreed upon with the notary.

Absolutely. The ceremony can be simple and intimate or bring together a larger number of guests, according to your preferences.

Yes. Two adult witnesses must generally be present at the ceremony.

Yes. Before the marriage, the notary can explain the different matrimonial regimes available and help you determine which one best suits your situation.

A marriage contract is a notarial act that allows the future spouses to set certain rules concerning their property, their matrimonial regime and various aspects of their financial life.

Yes. A marriage contract must generally be signed before the marriage to have its full effect.

Yes. Although they are neither married nor in a civil union, de facto spouses can consult a notary to enter into a cohabitation agreement or obtain advice adapted to their situation.

The length varies depending on the type of ceremony and the level of personalization desired. A civil ceremony generally lasts between 5 and 20 minutes.

After the ceremony, the notary completes the required formalities so that the marriage or civil union is entered in the register of civil status.

Yes. Many future spouses take this opportunity to prepare:

• a marriage contract;
• wills;
• protection mandates;
• powers of attorney;
• estate planning.

Fees vary depending on the location of the ceremony, the complexity of the file and the services requested. A personalized quote can be provided at a first meeting.

In addition to solemnizing your union, the notary is a jurist who can guide you on the legal and financial aspects of your commitment. You therefore benefit from a complete service that combines the ceremony with legal advice adapted to your situation.

The parental union is a legal regime created in Québec to grant certain protections to de facto spouses who become parents of the same child after June 29, 2025.

The parental union applies to de facto spouses who become the parents of the same child, by birth or by adoption, after this regime came into force.

No. The parental union applies automatically when the conditions set out in the law are met.

No. The spouses remain de facto spouses. However, the parental union creates certain financial and property rights and obligations that did not exist before.

The parental union patrimony may include, among other things:

• the family residences;
• the rights that confer their use;
• the movable property used by the household;
• certain vehicles used for family travel.

At the time of the breakdown, the property that forms part of the parental union patrimony may be divided in monetary terms between the spouses according to the rules set out in the law.

No. Property that is not part of the parental union patrimony generally remains the property of its owner, subject to the applicable rules and any agreements between the spouses.

No. Unlike marriage, the parental union does not automatically create a right to spousal support following a separation.

Yes. As for all parents, support obligations toward children continue to apply, whether the parents are married, in a civil union or de facto spouses.

The parental union does not have the same effects as a marriage or civil union with regard to succession.

On the death of one of the spouses, the surviving spouse does not automatically inherit the entire estate, as a will could provide. Without a will, the legal rules of devolution of successions apply.

However, the parental union grants the surviving spouse certain specific rights regarding the parental union patrimony. Thus, even before the estate is settled, the surviving spouse may be entitled to the division of certain property that forms part of this patrimony.

Yes. As with a separation, death generally results in the liquidation of the parental union patrimony.

The surviving spouse may be entitled to the value of their share of the property included in this patrimony, including:

• the family residence;
• the movable property used by the household;
• certain vehicles used by the family;
• the rights conferring the use of this property.

This division takes place before the estate is settled.

Not necessarily.

Even after the division of the parental union patrimony, the surviving spouse will only become an heir in the cases provided by law or by a valid will.

This is why it remains strongly recommended that spouses in a parental union prepare a will to properly protect their family and ensure that their wishes are respected upon death.

Among other things, a will allows you to:

• clearly designate your spouse as an heir;
• protect your family financially;
• appoint a liquidator for your estate;
• organize the administration of property intended for minor children;
• avoid uncertainty and conflicts between heirs.

It is generally recommended to:

• prepare a notarial will;
• sign a protection mandate;
• review the ownership of major property;
• obtain legal support to understand the effects of the parental union in the event of separation or death.

Yes. In certain situations, the spouses can enter into a notarial agreement to adapt certain financial and property consequences of their parental union.

It is an agreement that allows the spouses to set out their rights and obligations regarding certain property or certain particular situations.

The notary can advise you on:

• the legal effects of the parental union;
• protecting the surviving spouse;
• drafting a will;
• the protection mandate;
• the parental union agreement;
• protecting the family patrimony;
• estate planning.

No. The parental union only covers de facto spouses who are the parents of the same child under the conditions set out in the law.

The rules on ownership of the property and those of the parental union patrimony may apply. A notary can explain the legal consequences and the protections available.

Yes. However, it may be advisable to obtain legal advice before the purchase in order to fully understand the effects the parental union could have on certain property.

Among other things, the notary can:

• explain the new applicable rules;
• draft a parental union agreement;
• prepare wills;
• prepare protection mandates;
• advise the spouses on a real estate purchase;
• support the parties during an amicable separation;
• carry out estate planning adapted to the family.

Ideally:

• before buying a property;
• during pregnancy;
• after the birth or adoption of a child;
• when preparing a will;
• during a separation;
• when significant financial or property questions arise.

Fees depend on the nature of the services requested. An estimate can be provided at a first meeting.

Withdrawal from the parental union patrimony is a step by which spouses covered by the parental union choose not to be subject to the rules for dividing the parental union patrimony set out in the law.

Yes. The law allows de facto spouses subject to the parental union to opt out, in whole or in part, of the rules of the parental union patrimony by means of a notarial act.

Spouses may wish to withdraw for various reasons:

• they already had significant assets before their child was born;
• they wish to keep complete financial independence;
• they operate a business;
• they wish to establish their own property rules;
• they have entered into other agreements regarding their property.

No.

Withdrawal from the parental union patrimony does not end the parental union itself. The spouses remain subject to the parental union regime as long as they meet the conditions set out in the law.

The withdrawal only sets aside the rules on dividing the parental union patrimony. It does not change the spouses' status as parents of the same child, nor does it eliminate the other legal consequences that may arise from the parental union.

It is important to distinguish these two concepts:

• The parental union is the legal regime that applies to de facto spouses who become the parents of the same child.
• The parental union patrimony is all the property covered by the division rules set out in the law.

The spouses can therefore withdraw from the parental union patrimony without ending the parental union itself.

Many people believe that by signing a withdrawal, they are no longer covered by the parental union. This is not the case.

The withdrawal essentially allows the spouses to renounce the mechanism for dividing the parental union patrimony, but it does not change:

• their status as parents;
• their rights and obligations toward their children;
• the rules on parental authority;
• support obligations toward the children;
• the other legal provisions applicable to their family situation.

Yes. Withdrawal from the parental union patrimony must be recorded in a notarial act to be valid.

Yes. Depending on the couple's needs and objectives, personalized arrangements can be made rather than a complete withdrawal.

Yes. The law makes an important distinction depending on when the withdrawal is made.

When the spouses sign a notarial act of withdrawal within 90 days of the birth or adoption of the child that gives rise to the parental union, the parental union patrimony is deemed never to have existed between them.

In other words, the rules on the parental union patrimony are considered never to have applied. No claim arising from this patrimony comes into existence between the spouses.

When the withdrawal is made more than 90 days after the child's birth or adoption, the parental union patrimony has already taken effect.

The withdrawal then ends the application of the regime for the future, but it does not necessarily erase rights and obligations that arose before the act of withdrawal was signed.

Yes. Parents who wish to assess the advantages or disadvantages of the parental union patrimony should consult a notary promptly after the birth or adoption of a child. The 90-day period can have significant legal consequences for their future rights.

Key point: if the withdrawal is signed within 90 days of the child's birth or adoption, the parental union patrimony is deemed never to have existed. After that period, withdrawal remains possible, but its effects are generally limited to the future.

No. Without a formal step, the rules of the parental union patrimony continue to apply when the conditions set out in the law are met.

When the spouses have validly withdrawn from the parental union patrimony, the mandatory division rules of this regime will generally not apply, or will apply according to the terms set out in the notarial act.

Withdrawal can have significant consequences for the rights of the surviving spouse.

Without the division of the parental union patrimony, the surviving spouse could lose certain financial protections provided by law. It is therefore particularly important to review your estate planning and prepare a will adapted to your situation.

No. The children's rights remain protected. Withdrawal mainly concerns the financial and property rights between the spouses.

Yes. Spouses can generally amend their agreements or agree to reinstate certain protections, subject to the applicable legal formalities.

No. Every couple's situation is different. Before making a decision, it is essential to obtain legal advice to fully understand the short- and long-term consequences.

It is a divorce in which the spouses agree on the main consequences of their separation, including the division of property, parental responsibilities, support and other financial matters. The draft agreement records this agreement before it is approved by the court.

An uncontested divorce generally makes it possible to:

• reduce conflict;
• lower legal fees;
• speed up the process;
• maintain a better climate of cooperation, especially when there are children.

Among other things, the draft agreement may provide for:

• child custody arrangements;
• parenting time;
• child support;
• spousal support, if applicable;
• the division of property and debts;
• the use or sale of the family residence;
• any other agreement related to the separation.

The notary can assist you in negotiating and drafting a draft agreement that is clear, balanced and compliant with the law. The notary can also prepare the divorce proceeding on a draft agreement when the situation lends itself to it.

Timelines vary depending on the complexity of the file and court delays. When a complete agreement is reached from the outset, the process is generally faster than a contested divorce.

Yes. Parents can agree together on the arrangements concerning the children. The court will, however, make sure that the agreement respects the children's interests.

Yes. To file a joint application based on a draft agreement, the spouses must agree on all the issues arising from the divorce. If certain points remain in dispute, other steps may be necessary.

No. Depending on the circumstances, preparatory meetings can often be held remotely by videoconference. However, the meeting to sign the documents must take place in person at our office, except in exceptional cases.

Certain provisions, particularly those concerning the children or support, can be changed if a significant change in circumstances warrants it.

Costs vary depending on the complexity of the file and the services required. An uncontested divorce costs less than a contested divorce. An estimate can be provided at the initial consultation.

The documents usually required include:

• the marriage certificate;
• the children's birth certificates, if applicable;
• certain financial information;
• any relevant document concerning the spouses' property or debts.

Yes. The fact that the spouses have been separated for several months or several years does not prevent them from proceeding with an uncontested divorce if they reach an agreement.

Simply contact our office to schedule a consultation. We will review your situation, answer your questions and guide you toward the solution best suited to your needs.

Intrafamily adoption allows a person to adopt a child with whom they already have a family or significant bond, for example:

• the spouse of a parent (step-parent);
• a grandparent;
• another family member.

This form of adoption aims to formalize an existing relationship.

It is common when:

• a step-parent wishes to adopt their spouse's child;
• a biological parent is absent or does not exercise their responsibilities;
• the child has long been part of their family environment.

The notary can intervene at different stages:

• advising the parties on the legal consequences;
• preparing the required declarations or consents;
• directing the parties to the appropriate resources;
• ensuring that the documents are complete and compliant.

The notary helps secure the process legally and avoid delays or complications.

In principle, yes.
The consent of the biological parent or parents is required, except in exceptional cases (for example, when parental authority has been withdrawn or when they cannot be located).

Each situation must be carefully assessed.

Yes, in certain cases.
Depending on the child's age and maturity, the court must verify the child's consent or, at the very least, their opinion.

The child's interest always remains the primary consideration.

Intrafamily adoption generally includes:

1. preparing the file (documents, consents);
2. the psychosocial assessment (if required);
3. filing the application with the court;
4. the hearing before the judge;
5. the adoption judgment.

In many cases, yes.
It aims to ensure that the adoption is in the child's best interest and that the home environment is adequate.

Adoption creates a new, complete filiation between the child and the adopting parent.
Among other things, it results in:

• the same rights and obligations as a biological bond;
• the severing of the legal bond with the parent of origin (with exceptions depending on the case);
• effects on the child's name, succession rights and parental authority.

Yes.
Once granted, an adoption is final and has permanent consequences.

This is why it is important to obtain sound advice before starting the process.

Depending on the situation, these may include:

• consents to adoption;
• sworn statements;
• acts of civil status;
• other documents required by the court.

The notary can assist you in preparing these documents.

Timelines vary depending on the complexity of the file, whether an assessment is required and the family situation.
Good preparation generally makes the process easier and faster.

Yes.
The adopted child becomes a legal heir of the adopting parent and, in principle, loses their succession rights with respect to the parent of origin (with exceptions).

A review of your will is strongly recommended.

Yes.
The court may authorize a change of name as part of the adoption, depending on the circumstances and in the child's interest.

Consulting a notary allows you to:

• obtain clear information adapted to your situation;
• anticipate legal issues;
• structure the file properly;
• avoid errors that could cause delays.

An adoption can have broader impacts, including on:

• insurance and beneficiary designations;
• wills;
• protection mandates;
• family organization.

The notary can support you with a comprehensive approach.

Surrogacy is a parental project in which a woman or a person agrees to carry a child for a single person or for spouses, referred to as the intended parents. In Québec, this type of project is governed by specific rules designed to protect the child, the surrogate and the intended parents.

Under the applicable rules, the project can be formed by a single person or by two spouses. In practice, several conditions must be verified before going further, particularly regarding the parties' domicile and compliance with the preliminary formalities required by law.

Among other things, the surrogate must be at least 21 years old and, in the situations covered by the Québec regime for establishing filiation without going to court, must have been domiciled in Québec for at least one year. Her participation must be free of charge, subject to the reimbursement of certain authorized expenses and, in some cases, an indemnity provided for by regulation.

No. Paying a surrogate is prohibited. However, the law and regulations allow the reimbursement of certain expenses related to the project and, in certain circumstances, the payment of an indemnity for loss of employment income. The amounts, supporting documents and terms must be carefully analyzed.

Yes. Before the agreement is signed, the parties must each attend, separately, an information session on the psychosocial implications of the project and the ethical questions it raises. A certificate of attendance is then issued and is one of the important documents to provide to the notary.

The notary plays a central role. The notary verifies the applicable legal framework, advises the parties on the conditions for the project's validity, gathers the relevant information and drafts the surrogacy agreement in the required form. A well-prepared notarial agreement helps secure the project and makes the steps related to filiation after the birth easier.

Yes. To benefit from the regime for the legal establishment of filiation in Québec, the agreement must be executed before a notary en minute before the pregnancy begins. The notarial act ensures that the agreement complies with the requirements of the law and that an official original is kept.

Among other things, the agreement may specify the identity of the parties, their parental project, certain communication arrangements, each party's commitments, the rules applicable to reimbursable expenses, the delivery of the necessary documents and the steps planned after the birth. Its content must, however, strictly respect the limits imposed by law.

The legal framework provides specific rules. In particular, only the surrogate can terminate the surrogacy agreement. The intended parents, for their part, generally cannot withdraw after the agreement has been entered into. Each situation must nevertheless be assessed according to the facts and the point at which the question arises.

After the birth, additional formalities must be completed to allow filiation to be established in favour of the intended parents. In particular, the surrogate's consent after the birth remains an essential step. Depending on the case, a declaration to the Directeur de l'état civil may be possible, or a court proceeding may be required.

Yes. To allow filiation to be established by operation of law in the cases provided, she must expressly consent after the birth to her filiation being deemed never to have existed and to filiation being established in favour of the intended parent or parents. This consent cannot be given immediately: a certain period must elapse after the birth.

As a general rule, consent must be given after at least seven days have passed since the birth, and within the time limit applicable to the file. It may, among other ways, be given in a notarial act en minute. If the consent is written in a language other than French, a translation certified in Québec may be required.

Yes, in certain files. When all the conditions set out in the law are met, filiation can be established by operation of law through the required documents sent to the Directeur de l'état civil. If a condition is missing or the file involves a particular element, a court proceeding may become necessary.

These files are more complex. Additional conditions may apply, including authorizations and, after the birth, an application for judicial recognition in Québec. It is strongly recommended that you consult a notary at the very start of the project to avoid a situation that could compromise recognition of the desired filiation.

It is often useful to gather the parties' identification, proof of domicile, the certificates of attendance at the mandatory information session, and any relevant document about the parental project and the planned arrangements. Depending on the file, other documents may be required.

As early as possible, ideally before any medical step or formal commitment between the parties. An early consultation makes it possible to confirm that the planned project meets the legal conditions, identify risks, plan the steps and avoid difficulties when filiation is established.

The notary:

• verifies the titles of ownership;
• confirms that no legal problems affect the property;
• prepares the hypothec deed;
• prepares the deed of sale;
• receives and disburses the funds;
• publishes the deeds in the Land Register;
• makes sure the conditions of the transaction are met.

At the latest when the promise to purchase is accepted. The earlier the notary is involved in the process, the easier it is to avoid delays and complications before the signing date. We recommend that you consult a notary even before signing the promise to purchase.

In most residential transactions, the buyer chooses the notary, since the buyer generally pays the fees for the deed of sale. However, the parties may agree otherwise.

A certificate of location is a document prepared by a land surveyor that describes the current state of the property, the buildings on it, the boundaries of the land and any servitudes or encroachments that may affect it.

Not necessarily. If changes have been made to the property or if the certificate no longer reflects the current situation, an update will be required. In addition, your certificate of location must be less than 10 years old.

A title search consists of examining the legal history of the property to confirm that the seller is indeed the owner and that no problem jeopardizes the sale, such as a hypothec, a servitude or a particular restriction.

Adjustments allow certain expenses to be shared fairly between the buyer and the seller, including:

• municipal taxes;
• school taxes;
• condominium fees;
• heating oil and propane;
• certain rental income.

Yes, in most cases. The notary generally receives the down payment as well as the amounts lent by the financial institution before the deed of sale is signed.

Yes. However, unlike married or civil union spouses, de facto spouses do not automatically benefit from the same legal protections. It is often recommended to put in place an undivided co-ownership agreement or an agreement between spouses.

An undivided co-ownership agreement is a contract that sets the rules between the co-owners of a property. Among other things, it provides for:

• the sharing of expenses;
• occupancy rights;
• the terms of sale;
• the mechanisms in case of disagreement.

Yes. An undivided co-ownership agreement is strongly recommended to set out each person's rights and obligations.

A servitude is a right granted to a person or a property over another property. The most common examples are:

• rights of way;
• public utility servitudes;
• drainage servitudes;
• view servitudes.

It is a right that certain contractors, subcontractors or suppliers can publish when they are not paid for work done on a property. A verification is often carried out before the sale to make sure that no legal hypothec affects the property.

Yes. In a sale, the notary obtains the mortgage balance from the lender and uses part of the sale price to repay the financial institution. The notary then obtains a release or discharge.

Yes. The notary then prepares the documents required by the lender, receives the mortgage instructions and publishes the new hypothec in the Land Register.

Yes. Transferring a property following a death generally requires preparing and publishing a declaration of transmission so that the Land Register reflects the new legal situation.

Yes. A property can be transferred by gift before a notary. The notary can advise you on the legal, tax and family consequences of this decision.

It is an act by which a financial institution acknowledges that the mortgage debt has been repaid and consents to the cancellation of its hypothec from the Land Register.

Incorporation consists of creating a legal person distinct from its owners. Once incorporated, the corporation has its own rights and obligations and can enter into contracts, own property and carry on business in its own name.

Incorporation can offer several advantages, including:

• limited liability for shareholders;
• advantageous tax planning;
• greater credibility with clients and financial institutions;
• a better structure for bringing in new partners or investors;
• easier estate planning.

In a sole proprietorship, the business and its owner are one and the same person in the eyes of the law.

In an incorporated company, the legal person is distinct from its shareholders. The business's property, income and obligations generally belong to the corporation itself.

Both options are possible.

Provincial incorporation allows you to operate the business in Québec, while federal incorporation offers protection of the business name across Canada, subject to certain conditions.

The choice will depend in particular on your activities, your clientele and your expansion plans.

A single person can incorporate a company and be its shareholder, director and officer at the same time.

An individual, another corporation, a trust or several persons can be shareholders of the corporation.

Directors are responsible for the general management of the corporation. The same person can be both a shareholder and a director.

No. It is entirely possible to create a corporation of which you are the sole shareholder.

Share capital represents all the shares that the corporation is authorized to issue.

It can include different classes of shares, including:

• common shares;
• preferred shares;
• voting shares;
• participating shares;
• frozen shares as part of an estate freeze.

Common shares generally carry the right to the future growth of the business and the right to vote.

Preferred shares may offer certain particular advantages, such as a priority dividend or a preferential right upon liquidation.

A shareholders' agreement is a contract that sets out the rights and obligations of the shareholders.

Among other things, it can provide for:

• the terms for selling shares;
• the mechanisms in the event of death or disability;
• management rules;
• dispute resolution procedures;
• the mechanisms for a shareholder's withdrawal.

No. However, when a corporation has several shareholders, it is strongly recommended to have one in order to prevent conflicts and unforeseen situations.

The minute book contains the mandatory corporate documents, including:

• the articles;
• the by-laws;
• the register of directors;
• the register of shareholders;
• the share certificates;
• important resolutions.

The law requires these documents to be kept up to date.

Yes. Every corporation incorporated in Québec must file its annual updating declaration with the Registraire des entreprises du Québec to keep its information up to date.

Yes, subject to the applicable rules and the necessary verifications. The chosen name must meet legal requirements and be available.

The name must be distinctive and must not be confused with that of another business. A name search is generally recommended before incorporation.

Yes. New shares can be issued or transferred according to the rules set out in the law and the corporation's corporate documents.

The applicable terms will depend on the articles, the shareholders' agreement and the agreements between the parties.

Yes. Many entrepreneurs choose to hold commercial or rental properties through a corporation. However, it is recommended that you obtain legal and tax advice adapted to your situation.

An estate freeze is a corporate reorganization that fixes the current value of an entrepreneur's shares and transfers the future growth of the business to the next generation or to other designated persons.

Yes. A holding company can be used in certain situations to hold investments, properties or interests in other corporations.

Yes. The notary can assist you by:

• incorporating the corporation;
• preparing the articles;
• creating the minute book;
• issuing the shares;
• drafting the organizational resolutions;
• preparing a shareholders' agreement;
• carrying out certain corporate reorganizations;
• updating the corporate registers.

The time required varies depending on the complexity of the file and the verifications required. In many cases, incorporation can be completed quickly once all the necessary information has been provided.

The choice depends in particular on your level of risk, your growth objectives, the number of people involved, the desired tax treatment and your financing needs. In general, a business corporation is preferred when you want to separate your personal assets from the business, bring in investors or plan for succession. A sole proprietorship or a partnership may, however, be suitable for certain simpler or smaller-scale projects.

A business corporation is a legal person distinct from its shareholders. It can hold property, enter into contracts, and sue or be sued in its own name. This structure generally offers limited liability to shareholders, subject to certain exceptions, and allows more flexible organization of the share capital, governance and the eventual transfer of the business.

The choice between Québec and federal incorporation depends mainly on the scope of your activities, the name protection you want and certain administrative considerations. A corporation incorporated in Québec is often suitable for businesses that operate mainly in the province. A federal corporation may be considered if the business wants a Canada-wide presence or certain protections related to its name, but it must generally also register in Québec if it carries on activities there.

The steps usually include choosing a name or a numbered designation, preparing and filing the articles of incorporation, appointing the first directors, registering with the Registraire des entreprises when required, and then organizing the corporation internally. This organization includes issuing the shares, adopting the initial resolutions, setting up the minute book and drafting the relevant corporate documents.

A shareholder owns shares in the corporation. A director takes part in governance and oversees the administration of the corporation's affairs. An officer generally handles day-to-day management. In a small business, one person can hold all these roles, but it remains important to clearly distinguish the responsibilities attached to each.

Yes, very often. A shareholders' agreement sets out in advance the rules that apply between the owners of the business. Among other things, it can govern decision-making, financing, share transfers, the departure or death of a shareholder, buyout mechanisms, dispute resolution and protecting the stability of the business. It is particularly useful when several people participate in the capital or the operations.

The minute book brings together the essential corporate documents, such as the articles, by-laws, resolutions, registers of directors and shareholders, and share certificates and transfers, as applicable. Keeping this book rigorously promotes legal compliance, facilitates due diligence, supports the value of the business and reduces the risk of disputes during a financing, a sale or litigation.

A corporation must meet various ongoing obligations, including updating its information in the applicable register, filing the required returns, keeping its registers and adopting the necessary resolutions according to its situation. It must also keep its corporate documents up to date whenever there is a change affecting the shareholders, directors, name, head office, share capital or structure of the business.

Not necessarily. The corporation's articles, a shareholders' agreement or other commitments may restrict the transfer of shares. Before any sale, gift or reorganization, it is prudent to check the applicable restrictions, approval mechanisms, rights of first refusal, tax consequences and formalities required for the transfer to be valid and properly documented.

A share sale involves ownership of the corporation itself, while an asset sale involves certain property or operating elements of the business. The legal, tax and administrative consequences differ depending on the structure chosen. This choice can affect, among other things, the authorizations required, the assumption of contracts, the treatment of liabilities, due diligence and how the transaction is financed.

A corporate reorganization is a restructuring of the corporation or its share capital to meet specific objectives, for example bringing in an investor, protecting assets, preparing for succession, simplifying the structure or optimizing certain tax aspects. Since these transactions often require close legal and accounting coordination, they must be carefully planned and documented.

Ending a corporation's activities generally requires more than simply stopping operations. Depending on the context, it may be necessary to adopt resolutions, settle debts, liquidate property, complete tax formalities, strike off or dissolve the corporation and update the relevant registers. A well-managed closure reduces the risk of residual liability and administrative irregularities.

The notary can support you at different stages in the life of the business: choosing the structure, incorporating the company, drafting agreements and resolutions, organizing the minute book, share transfers, buying or selling a business, reorganizations and closure. The notary's involvement aims to secure transactions, clarify agreements between the parties and ensure consistent, useful and lasting legal documentation.