Section 20: Notary appointed on application
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
20. Notary appointed on application
(1) On an application by or on behalf of an heir, a surviving spouse, testamentary executor, donee, universal legatee, legatee à titre universel or
creditor, the Judge may appoint a notary to make the inventory of a
succession.
(2) On an application under subsection (1), the Judge may appoint a notary if he is satisfied that all the heirs have had notice of the application and
do not object to it, or he may issue a summons calling on them to appear
and show cause against the application.
(3) Where there is an opposing creditor (créancier opposant), notice of
the application shall be given to that creditor.
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Questions this section answers
- Can an heir or creditor ask a Judge to appoint a notary to make an inventory of a succession?
- Must a creditor opposing the succession be given notice of an application for a notary?