Ministère de l'Emploi et de la Solidarité sociale
Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

C-81 - Public Curator Act

Section 40
Disposition versions

Full text
40. The administration of the Public Curator ceases by operation of law
(1)  when the tutorship ends, or when a judgment orders the appointment of another tutor;
(2)  when the absentee returns, the administrator designated by the absentee appears, a tutor is appointed to the property of the absentee or a judgment declares the absentee dead;
(3)  when the heirs, or a third person designated in accordance with the testamentary dispositions of the deceased or by the court, become able to hold the office of liquidator of the succession;
(4)  in all other cases in which an interested party comes forward to claim the property under the administration of the Public Curator, or in which another administrator is appointed with respect to the property administered.
1989, c. 54, s. 40; 1992, c. 57, s. 561; 1994, c. 29, s. 2; 1997, c. 80, s. 23; 2005, c. 44, s. 39; 2011, c. 10, s. 79; 2020, c. 11, s. 254.
40. The administration of the Public Curator ceases by operation of law
(1)  when the tutorship or curatorship ends, or when a judgment orders the appointment of another tutor or curator;
(2)  when the absentee returns, the administrator designated by the absentee appears, a tutor is appointed to the property of the absentee or a judgment declares the absentee dead;
(3)  when the heirs, or a third person designated in accordance with the testamentary dispositions of the deceased or by the court, become able to hold the office of liquidator of the succession;
(4)  in all other cases in which an interested party comes forward to claim the property under the administration of the Public Curator, or in which another administrator is appointed with respect to the property administered.
1989, c. 54, s. 40; 1992, c. 57, s. 561; 1994, c. 29, s. 2; 1997, c. 80, s. 23; 2005, c. 44, s. 39; 2011, c. 10, s. 79.
40. The administration of the Public Curator or of the Minister of Revenue ceases by operation of law
(1)  when the tutorship or curatorship ends, or when a judgment orders the appointment of another tutor or curator;
(2)  when the absentee returns, the administrator designated by the absentee appears, a tutor is appointed to the property of the absentee or a judgment declares the absentee dead;
(3)  when the heirs, or a third person designated in accordance with the testamentary dispositions of the deceased or by the court, become able to hold the office of liquidator of the succession;
(4)  in all other cases in which an interested party comes forward to claim the property under the administration of the Public Curator, or in which another administrator is appointed with respect to the property administered.
The administration of the Minister of Revenue also ceases by operation of law, in the absence of any beneficiary of the administration and in all cases in which the property is administered on behalf of the State, once the liquidation of the property by the Minister of Revenue has ended and all the operations to ensure the transfer of the sums of money administered or deriving from the liquidation have been completed.
1989, c. 54, s. 40; 1992, c. 57, s. 561; 1994, c. 29, s. 2; 1997, c. 80, s. 23; 2005, c. 44, s. 39.
40. The administration of the Public Curator ceases by operation of law
(1)  when the tutorship or curatorship ends, or when a judgment orders the appointment of another tutor or curator;
(2)  when the absentee returns, the administrator designated by the absentee appears, a tutor is appointed to the property of the absentee or a judgment declares the absentee dead;
(3)  when the heirs, or a third person designated in accordance with the testamentary dispositions of the deceased or by the court, become able to hold the office of liquidator of the succession;
(4)  in all other cases in which an interested party comes forward to claim the property under the administration of the Public Curator, or in which another administrator is appointed with respect to the property administered.
The administration of the Public Curator also ceases by operation of law, in the absence of any beneficiary of the administration and in all cases in which the property is administered on behalf of the State, once the liquidation of the property by the Public Curator has ended and all the operations to ensure the transfer of the sums of money administered or deriving from the liquidation have been completed.
1989, c. 54, s. 40; 1992, c. 57, s. 561; 1994, c. 29, s. 2; 1997, c. 80, s. 23.
40. The administration of the Public Curator shall cease by operation of law when
(1)  he is notified that tutorship, curatorship or the liquidation ceases or a judgment orders the appointment of another tutor, curator or liquidator;
(2)  an absentee returns, a tutor is appointed to his property or a judgment declares him dead;
(3)  an heir, an unknown or untraceable owner or the holder of any evidence of indebtedness referred to in subparagraph 4 of the first paragraph of section 24 appears within 10 years from the beginning of his administration;
(4)  the beneficiary of the proceeds of a life insurance policy appears within 10 years from the beginning of possession of the proceeds of the insurance policy by the Public Curator;
(5)  the property belonging to the State is entrusted to the Minister of Finance.
The Public Curator has the full administration of property belonging to the State from the date on which the State becomes the owner of the property.
The person who appears shall establish his quality.
1989, c. 54, s. 40; 1992, c. 57, s. 561; 1994, c. 29, s. 2.
40. The administration of the Public Curator shall cease by operation of law when
(1)  he is notified that tutorship, curatorship or the liquidation ceases or a judgment orders the appointment of another tutor, curator or liquidator;
(2)  an absentee returns, a tutor is appointed to his property or a judgment declares him dead;
(3)  an heir, an unknown or untraceable owner or the holder of any evidence of indebtedness referred to in subparagraph 4 of the first paragraph of section 24 appears or, if not, ten years after the beginning of his administration;
(4)  the beneficiary of the proceeds of a life insurance policy appears or, if not, ten years after the Public Curator has taken possession of the proceeds of the insurance policy;
(5)  the property devolved to the State under section 24 is entrusted to the Minister of Finance.
The person who appears shall establish his quality.
1989, c. 54, s. 40; 1992, c. 57, s. 561.
40. The administration of the Public Curator shall cease by operation of law when
(1)  he is notified that tutorship, curatorship or the liquidation ceases or a judgment orders the appointment of another tutor, curator or liquidator;
(2)  an absentee returns, a curator is appointed to his property or a judgment declares him dead;
(3)  an heir, an unknown or untraceable owner or the holder of any evidence of indebtedness referred to in subparagraph 4 of the first paragraph of section 24 appears or, if not, ten years after the beginning of his administration;
(4)  the beneficiary of the proceeds of a life insurance policy appears or, if not, ten years after the Public Curator has taken possession of the proceeds of the insurance policy;
(5)  the property devolved to the State under section 24 is entrusted to the Minister of Finance.
The person who appears shall establish his quality.
1989, c. 54, s. 40.
© Gouvernement du Québec