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12/8/2019
Jeremie John Martin, Lawyer
Category: Canada Law
Satisfied Customers: 1,413
Experience: I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
VerifiedHi,
I'm a Quebec lawyer. Providing your mother is no longer married, it will be simple for her to make this gift. Quebec law requires it is done through a notary with publication at the RDPRM registry when an immovable is given or a movable without immediate dispossession. A notary act will also facilitate your file for taxes if applicable, so this is not considered as revenue. See section 1824 of the Civil code of Quebec below.
Since we are speaking about your mother donating you money directly, then it would not absolutely be necessary to proceed with a Notary, for example the check could mention ''Donation" or a letter same. But I would advise doing this with a Notary so this would not be considered a loan.
I trust my answer sends you in the right direction.
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Jeremie ***** *****
1824. The gift of movable or immovable property is made, on pain of absolute nullity, by notarial act en minute, and shall be published.
These rules do not apply where, in the case of the gift of movable property, the consent of the parties is accompanied by delivery and immediate possession of the property.
1991, c. 64, a. 1824.
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Thanks in advance and have a great day.
Best regards,
Jeremie ***** *****
Jeremie John Martin, Lawyer
Category: Canada Law
Satisfied Customers: 1,413
Experience: I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
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