{"id":3518,"date":"2021-11-26T17:53:03","date_gmt":"2021-11-26T21:53:03","guid":{"rendered":"https:\/\/dpavocats.ca\/who-can-inherit-a-succession\/"},"modified":"2021-11-26T18:08:44","modified_gmt":"2021-11-26T22:08:44","slug":"who-can-inherit-a-succession","status":"publish","type":"post","link":"https:\/\/dpavocats.ca\/en\/who-can-inherit-a-succession\/","title":{"rendered":"Who can inherit a succession?"},"content":{"rendered":"

To inherit, a person must possess the qualities required by law. The state and natural persons who exist that the time the succession opens, including absentees presumed to be alive at that time and children conceived but not yet born, may inherit. [1]<\/a> Legal persons, such as companies, may also inherit under certain conditions.<\/p>\n

What is the different between a \u201csuccessor\u201d, an \u201cheir\u201d and a \u201clegatee by particular title\u201d?<\/p>\n

According to the Civil Code of Quebec, a successor is a person who receives, by will, a universal legacy by will, or, when there is no will, a person to whom the succession devolves by law. [2]<\/a> An heir is a successor who has accepted a succession. <\/p>\n

A person who receives by particular title receives only a portion of the succession. This person is not considered an heir. However, this person must possess the same required qualities to inherit. [3]<\/a> The legatee by particular title is not responsible for the deceased\u2019s debts on the property that he receives, unless the remainder of the succession cannot cover these debts. In this case, the legatee is responsible, but only up to the value of the property he takes.<\/p>\n

A person may not inherit if they are considered unworthy by law or is declared unworthy. When a person is unworthy by law, they are automatically disqualified from inheriting. A person is unworthy by law when they are: [4]<\/a> <\/p>\n