D-16 - Succession Duties Act

Section 40 Disposition versions

1977-12-31

40. (1)  Every heir, universal legatee, legatee by general or particular title, donee, beneficiary under a disposition assimilated to a transmission owing to death, executor, trustee or administrator shall, within six months after the date of the death of the testator or intestate, transmit to the Minister of Revenue a declaration, setting forth:

(a)  The name in full, residence, address and calling of the declarant, and his relationship to the deceased, if any;

(b)  The name in full of the testator or intestate, and the place of the domicile of the testator or intestate at the time of his death;

(c)  The description, situation and real value of all the property transmitted by the deceased;

(d)  The amounts in detail of the debts and charges of the succession, and their nature, with the names in full, residences and callings of all the creditors thereof;

(e)  The names in full, residences, callings and relationship to the deceased (if any) of each and all the other beneficiaries, and the domicile in Québec elected for all the beneficiaries and for the executor, trustee or administrator, where the notice of assessment under section 44 and relating to each of them, may be forwarded, and where all notifications, demands and suits relating to the succession duties due by each of them may be made;

(f)  The nature and value of the share of the declarant in the succession, after deducting the debts and charges payable by him, or which affect the property composing such share; and, in so far as the same is known to him, the nature and value of the shares of each of the other beneficiaries after a like deduction as regards each of them.

(2)  When property comes into an estate in the manner contemplated in subsection 3 of section 29 or is discovered after the transmitting of the declaration required by this section, the persons contemplated in subsection 1 must, within sixty days, transmit to the Minister of Revenue a supplementary declaration disclosing the transfer or discovery of the said property.

(3)  A declaration duly made by one of the persons mentioned in this section, if it contain all the information necessary for ascertaining the amount of all the duties payable in respect of the death, shall relieve all the others from the necessity of making such a declaration.

R. S. 1964, c. 70, s. 34; 1972, c. 29, s. 17.