Legatee on a purely particular basis

the legatee on a purely particular basis is the person who receives, according to the instructions of a will, a good in particular without being responsible for the debts burdening this good. In fact the sole legatees will have to assume any debt burdening the bequeathed good.

One little also to name this concept particular legatee.

Québécois legislative framework

The Civil code of Quebec precise in article 739 one is héritié with itself and only one to little oppose the debts and responsibilities for the legatee to him unless the whole of the goods and to have the late one are not enough to sponge the debts left after death. In this case the legatee on a purely particular basis is responsible for the debt only to the amount of the value of what he inherited.

Article 739 - Civil code of Quebec (1991). The particular legatee who accepts the legacy is not one heir, but it nevertheless is seized, like a heir, bequeathed goods, by the death of late or by the event which gives effect to its legacy. It is not held of the obligations of late on these goods, with less than the other goods of the succession are not enough not to pay the debts; in this case, it is held only with compete with value of the goods which it collects.

External bond

  • civil code of Quebec

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