To transfer securities registered in the name of a deceased person who was a resident of Québec when they died, we need the following documents:
- Security certificate or statement of ownership
- Declaration of transmission
- Proof of appointment of legal representatives or satisfactory indemnity
- Securities transfer form - if you want to transfer the securities to someone other than the legal representatives
We require a security certificate or statement of ownership for shares, warrants, units, rights, bonds, debentures, etc. that the deceased owned. Some companies issue statements of ownership instead of certificates. If this is the case in your situation, please send us the statement.
The declaration of transmission is an affidavit that is sworn before a notary public or commissioner for oaths by the deceased person’s legal representatives. It provides formal evidence of the following information with regarding the securities:
- The death of the security holder
- The existence of legal representatives and heirs
- The ownership of the securities
- The deceased’s place of residence
Please print and complete the form below (except for signing it). You must then sign the form in the presence of a notary public or commissioner for oaths to take the affidavit. Outside Québec, lawyers are usually notaries public and commissioners for oaths. Some financial institutions may have people on staff who are commissioners for oaths.
If you are dealing more than one class of securities, or securities in more than one issuer, we will need a separate declaration of transmission for each class or issuer.
a) Estates with proof of legal appointment
We need the original, notarial copy or a bank certified copy of the document appointing the legal representatives. This document may be one of the following:
- Quebec notarial will and any codicils
- Probated English form of will
- Holograph will
If there is no will, the document may be
- Quebec notarial marriage contract with a mutual donations clause
- Declaration of heirship
- Nomination of liquidator
Please note that the last two documents must be executed by a notary.
b) Estates without proof of legal appointment
According to Québec law the normal procedure for dealing with the estates of deceased persons is that the executors or other authorized personal representatives obtain their authority from documents such as those listed above. The company that issued the securities being transferred has the discretion to waive this requirement.
To determine the documents acceptable to the issuer, please contact us and provide details about the securities you wish to transfer including: the name of the issuer, number of equity securities or principal amount of bonds. The requirements vary from issuer to issuer and also depend on the value of the securities involved.
Once we have these documents in satisfactory form, we will issue a new certificate or share ownership statement in the name of the legal representatives.
If you want to have the securities transferred to someone else, you will need to give us a securities transfer form.
To transfer the securities to someone other than the legal representatives, please learn about completing a securities transfer form. In particular, please follow the instructions with respect to signature guarantees — we cannot complete the transfer without signature guarantees.