Legal Formalities

Legal Obligations & Death Benefits

Legal Obligations When a Death Occurs

As a spouse, parent or relative, you have the obligation to declare the death of a loved one. Any death that occurs must be declared to Service Canada. The form “Declaration of Death” is used to declare the death of a person.

If the death occurred in a Canadian province, you do not need to report the death to Service Canada. The Province where the death has been registered will notify Service Canada.

If the death occurred in one of the territories or outside of Canada, you must report the death to Service Canada.

What to Expect When a Death Occurs

THE LEGAL DOCUMENTS AND OBLIGATIONS TO LOOK INTO
  • Any death that takes place must be declared to the Civil Director. The Declaration of Death form is used to declare the death of a person.
  • The declaration of death is completed by a person close to the deceased, assisted by the funeral director. The attestation of death is drawn up by the doctor who have attested or confirmed the death.
  • Once all the forms have been received by the civil Director’s office, a certificate or a copy of an act of death can be obtained.
  • These official documents will facilitate the steps taken by the liquidator to settle the estate.
    The declaration of death becomes the act of death, when it is received, signed and dated by the registrar of civil status.

PROTECTING THE ESTATE AFTER A DEATH

  • Contact Equifax and Trans Canada Union’s consumers credit bureau to inform of the death and provide them with a proof of death
  • Contact the financial institutions to inform of the death and have them start the procedures for a deceased person concerning all checking and savings accounts, Retirement Savings Plan, Tax-Free Savings Account
  • Registered Disability Savings Plan
  • All other Investment accounts
  • Not to forget to advise the following service providers:
    – Utility service providers
    – Credit cards
    – Memberships
    – Online and social media accounts

After the Funeral... The Estate Planning

* FOR INFORMATIONAL PURPOSE ONLY* WE STRONGLY SUGGEST TO CONTACT A LICENSED PROFESSIONAL TO GUIDE YOU THROUGHOUT THE WHOLE PROCESS.
  • Make an appointment with a licensed succession professional to start the estate process.
  • Contact the life insurance company, if applicable-and provide them with a copy of the death certificate.
  • Make a will search. If a will is found… Have the will validated by a professional.
  • Notify all financial institutions where the deceased had financial accounts.
  • Notify all credit bureau and provide them with a copy of the death certificate.
  • Notify all creditors of the death and see if there is a protection plan that can be applied in case of a death.
  • Make an inventory of the estate including the assets and the debts of the deceased.
  • Communicate with the beneficiaries listed in the will.
  • Settle the debts and taxes of the deceased with the money available in the succession.
  • Provide the beneficiaries with the financial statement of the estate.
  • Distribute all remaining amount of the estate to the beneficiaries.

YOU MAY BE ELIGIBLE TO FINANCIAL ASSISTANCE

* DIFFERENT ASSISTANCE SERVICES MAY BE AVAILABLE IN YOUR CANADIAN PROVINCE OF RESIDENCE *
  • Canada Pension Plan (CPP) survivor’s pension of a deceased contributor
  • Canada Pension Plan (CPP) children’s benefits
  • Canada allowance for survivor
  • Death Benefit of an RRQ deceased contributor (Qc)
  • Surviving spouse’s pension of an RRQ deceased contributor (Qc)
  • Orphan’s pension of an RRQ deceased contributor (Qc)
  • Employment & solidarity funeral expenses payment
  • SAAQ death benefit for funeral expenses of a person who died as a result of an automotive vehicle accident
  • SAAQ death benefit for the spouse of a person who died as a result of an automotive vehicle accident
  • SAAQ death benefit for the dependants of a person who died as a result of an automotive vehicle accident
  • CSST death benefit for the spouse of a person who died as a result of a work related accident (Qc)
  • CSST death benefit for the minor child of a person who died as a work related accident
  • CSST death benefit for the full age child of a person who died as a result of work related accident
  • CSST death benefit for the other dependants of a person who died as a result of a work related accident (Qc)
  • CSST death benefit for the funeral expenses of a person who died as a result of a work related accident (Qc)
  • CSST death benefit for the transportation of the deceased body of a person who has died as a result of a work related accident to the nearest funeral home closest to his or her place of residence (Qc)
  • IVAC Compensation for funeral expenses of a person who has died as a result of been the victim of a crime (Qc)
  • IVAC Annuity and/or compensation for the spouse of a person who has died as a result of been the victim of a crime (Qc)
  • IVAC Annuity and/or compensation for the minor dependant of a person who has died as a result of been the victim of a crime (Qc)
  • IVAC Annuity and/or compensation for the full age dependant of a person who has died as a result of been the victim of a crime (Qc)
  • IVAC Compensation for the parents of a child who has died as a result of been the victim of a crime (Qc)
  • IVAC Assistance to loved ones in the case of an homicide of a person who has died as a result of been the victim of a crime (Qc)
  • IVAC Compensation for the transportation of the deceased body of a person who has died as a result of been the victim of a crime to the nearest funeral home closest to his or her place of residence or at a place accepted by the IVAC Direction and management (Qc)
  • IVAC Compensation for the crime scene cleaning fee of a person who has died as a result of been the victim of a crime (Qc)
  • VETERANS Financial assistance for funeral and burial cost
  • VETERANS Financial assistance for the spouse
  • VETERANS Financial assistance for the dependant minor child
  • VETERANS Financial assistance for the dependant full age child

Assistance in Quebec

Assistance in Canada

The death certificate and the will search

OTHER ORGANIZATIONS TO INFORM WHEN A DEATH OCCURS

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TRUST OUR PROFESSIONAL EXPERTS TO DO THE FUNERAL PLANNING FOR YOU.
  • Our promise is to provide you with the best funeral planning at the best price available.
  • We put our knowledge and expertise at your service for all of your funeral planning.
  • Our experts do have the knowledge, the understanding and the expertise in funeral planning, funeral pre-arrangements and cemetery concessions to assist you in making a well educated decision based on your needs and expectations.
  • Our trained professionals have been involved in the funeral industry for many years and they have helped many families with better informed and well educated decisions in funeral planning, pre-planning and cemetery purchases.
  • Trust our funeral experts in guiding you and finding the best options available at the best price possible.

YOUR PEACE OF MIND IS OUR PRIORITY

WE DO THE SEARCHING AND PLANNING ON YOUR BEHALF

Let us know what your funeral needs and requirements are. Our funeral experts will do all of the searching and the preparations for you, therefore you can focus on yourself and your love ones.

FAQ

Who is entitled to receive the death benefit?

The death benefit is paid to the person or charitable organization that paid the funeral expenses or to the heirs.

If an application and a proof of payment are filed with the “Regie des Rentes” within sixty (60) days of the death, priority is given to the person or charitable organization that paid for the funeral expenses.

What are the conditions of payment for the death benefit?

The applicant, the heirs or the charitable organization who paid for the funeral expenses, is entitled to this benefit and will receive a lump-sum of a maximum amount of 2 500 $ by check .

What if the deceased had made a prearranged funeral service?

The funeral expenses that the deceased has already paid under a funeral prearranged contract will not be reimbursed. In this case, the “Regie des Rentes” will pay a  maximum of 2 500$ death benefit to the heirs if an application has been filed.

Is the death benefit taxable?

The death benefit must be declared in the income of the estate, regardless of the name of the person in which the check was made. For further information, contact Revenue Quebec or the Canada Revenue Agency.

What happens to the debts of a deceased person?

No one is obliged to take responsibility for the debts of the deceased person and pay them. Debts do not transfer by virtue of marriage, parental bond or when a death occurs.

However, if there is an estate to be distributed, the executor of the estate has to pay all of the debts before any assets can be distributed to any beneficiaries.

Unless you have signed or co-signed a contract, you do not need to take over the debts after a death.

What happens when there is not enough money in the estate to pay for all of the debts?

If the debts are in the name of the deceased only, the creditors will have no other choice but to write off the debts as uncollectible. You may need to provide documents proving there is no money left in the estate to the creditors and show them that there is no other way to pay for the debts.

Please be informed that if you do decide to make a payment on the deceased person’s debts, by doing so, the creditors may assume that you have accepted full responsibility for clearing all of its debts.

How can I help make it easier for my love ones when my time will come?

  • Pre-arrange your own funeral service and reserve your cemetery sepulture
  • Share the information about your funeral choices and hand over a copy of your contract to someone you can trust
  • Make a list of all your valid insurance policies
  • Make a list of all bank accounts and investment assets
  • Keep up to date a list of all your assets, your debts and liabilities
  • Make a will and provide someone trustworthy the whereabouts of the original will
  • Make sure there is no confusion, share your last wishes with your love ones

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The Team of Funera Concept

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