04/02/2026
Question from a client: my elderly sister is in a private residence with care and is depleting her money very fast. She already has debts.
I was advised she has about 6 more months. She did not do a will. What happens after she passes away? Will I be responsible for the debts? I am her only living relative and I live outside of Canada.
Answer:
When a person passes away there is a mandatory process of a will search with 2 registries in Quebec.
If no will turn out, then you, as her only surviving relative, will have to sign a notarial declaration with a notary, stating that you are the sole heir and you will be accorded the rights to be the heir.
However, you will need a liquidator/executor to manage the estate and file taxes, pay debts etc.
Because you live outside of Canada and you are not a Canadian tax resident, the revenue authorities will tax the estate heavily if you were to assume this role.
You could choose to name someone else to be the liquidator/executor (for example, as a notary, I offer these services). However, because as I read below that it seems that funds are limited, the fees you will have to pay a professional may outweigh the benefit.
If by the time she passes, the estate should be in debt and deficit, you must expressly renounce your acceptance within 6 months of the date of death in a notarial deed. The notary will register the renunciation, and you will have to send it to the revenue authorities.
That way, you will not be responsible for any debts of the estate.
Liat Lev Ary, Notary
Judicia
Raising the bar