dslreports logo
 
    All Forums Hot Topics Gallery
spc
Search similar:


uniqs
3221

LazMan
Premium Member
join:2003-03-26
Beverly Hills, CA

LazMan to telco_mtl

Premium Member

to telco_mtl

Re: renouncing a succession from an estate

said by telco_mtl:

As well due to the civil code we are the only provice not recognizing common law marriages.

I refuse to beat my head against the wall further on this particular topic, other then the say that there is NO SUCH THING as common-law Marriage anywhere in Canada...

You are either married, or you are not.

DKS
Damn Kidney Stones

join:2001-03-22
Owen Sound, ON

DKS to telco_mtl

to telco_mtl
said by telco_mtl:

said by DKS:

said by IamGimli:

Except for the fact that estate laws are not Canadian, they're provincial. Whether Québec is part of Canada or not is irrelevant for the topic at hand.

The comment was about law in general in Canada. We have a pastiche of laws and traditions, both Federal and Provincial.

but quebec civil law is a completely different animal, we have the civil code. Its one of the reasons lawyers and notaries dont have overlapping responsabilities. Lawyers cant settle and estate, notaries do. As well due to the civil code we are the only provice not recognizing common law marriages.

I am well aware of that. I was born in Quebec and still have property in Quebec.

LazMan
Premium Member
join:2003-03-26
Beverly Hills, CA

LazMan

Premium Member

said by DKS:

I am well aware of that. I was born in Quebec and still have property in Quebec.

Ahh, that explains it....

DKS
Damn Kidney Stones

join:2001-03-22
Owen Sound, ON

DKS to LazMan

to LazMan
said by LazMan:

said by telco_mtl:

As well due to the civil code we are the only provice not recognizing common law marriages.

I refuse to beat my head against the wall further on this particular topic, other then the say that there is NO SUCH THING as common-law Marriage anywhere in Canada...

You are either married, or you are not.

Exactly. The term "common law marriage" is a non sequitur.

Gone
Premium Member
join:2011-01-24
Fort Erie, ON

Gone to LazMan

Premium Member

to LazMan
said by LazMan:

I refuse to beat my head against the wall further on this particular topic, other then the say that there is NO SUCH THING as common-law Marriage anywhere in Canada...
You are either married, or you are not.

"Common-law Marriage" doesn't exist. "Living Common-Law" does, though.

Most people mean later when they use the former phrase.

LazMan
Premium Member
join:2003-03-26
Beverly Hills, CA

LazMan

Premium Member

said by Gone:

"Common-law Marriage" doesn't exist. "Living Common-Law" does, though.

Most people mean later when they use the former phrase.

True, but it still does not carry the rights and responsibilities that many think it does...

Anyways - way O/T - it's just a pet peeve of mine... (one of many, but that's always way O/T... )

Gone
Premium Member
join:2011-01-24
Fort Erie, ON

Gone

Premium Member

said by LazMan:

True, but it still does not carry the rights and responsibilities that many think it does...

The rights and responsibilities come into force when children and taxes are involved, and can sometimes be the opposite where they are more than people first thought

But yeah, off topic

coxta
Ultramundane
Premium Member
join:2000-07-15
LALALALALALA

coxta to IamGimli

Premium Member

to IamGimli
said by IamGimli:

said by coxta:

From what I read it says if you don't renounce, the you accept the the succession and then then if they don't exercise this option they have presumed to renounce.

If you KNOW about the estate and you don't renounce properly and in time, then you are considered to have accepted the succession, including it's debts.

If you DIDN'T KNOW about the succession, a court may request you to exercise your option to renounce (for example, on demand from a creditor who wants you to pay the deceased debt) but, in that case, if you do not exercise the option you're assumed to have renounced it.
said by DKS:

Um... last time I checked, Quebec was still part of Canada. It has different laws. Big deal. Canadian law is Canadian law. Parts of it are descended from English Common Law and parts of it from Scottish law, which also devolves from French law, believe it or not.

Except for the fact that estate laws are not Canadian, they're provincial. Whether Québec is part of Canada or not is irrelevant for the topic at hand.

The only way someone who accepts a succession in Québec may not have to pay a deceased debts is if a notarized inventory of the estate is done and 100% of it goes to the creditors. Any remaining debt after that is null and void. If no notarized inventory of the estate is done then the succession DOES become responsible of all the deceased debts.

So if you know about the estate and you can't afford an notary to publish the renouncement , then you are responsible for the debt. Quite nice and it may be the law, but I imagine there must be a free alternative otherwise there would be a lot of problems.

Also, the person in concerned about this contacted the hospice and the assistance was they didn't know but suggested contacting legal aid.
telco_mtl
join:2012-01-06

telco_mtl to LazMan

Member

to LazMan
said by LazMan:

said by telco_mtl:

As well due to the civil code we are the only provice not recognizing common law marriages.

I refuse to beat my head against the wall further on this particular topic, other then the say that there is NO SUCH THING as common-law Marriage anywhere in Canada...

You are either married, or you are not.

the supreme court last week upheld the fact that living together under the quebec civil code does not offer any rights or responsabilites no matter how many kids or years the couple was together.

bluebaron2
Stuff Happens
Mod
join:2001-02-01
North of 44

bluebaron2

Mod

The topic is succession from an estate not how common law marriages are treated in Quebec. If you all want to discuss that then please start a new thread. This side discussion is not helping the OP.