D-16 - Succession Duties Act

Section 56 Disposition versions

1977-12-31

56. Until the certificate mentioned in section 55 has been delivered:

(a)  No executor, trustee, administrator, curator, heir, legatee or donee shall consent to the transfer or payment of any legacy or share in an inheritance or proceed with the partition of an estate;

(b)  No person or corporation, or transfer agent for a corporation, shall accept or register in his or its books any transfer or transmission of shares or registration of bonds or other securities;

(c)  No depositary may remit any money deposited in a personal or joint account, or transfer such money to another name. However, when the deceased was domiciled in Québec, such depositary may, without awaiting the production of the certificate prescribed in section 55, pay or remit a sum not exceeding one thousand dollars from such deposit, provided he or it shall immediately give notice thereof in writing to the Minister of Revenue.

The sums thus paid shall remain subject to all the other provisions of this act and must be included in the declaration required by section 40;

(d)  No association, bank, company, firm or partnership having its head office, a branch or any place of business in Québec, and no person, banker, stock-broker, business agent, fiduciary or public officer, being the holder, depositary or debtor, in any capacity, of titles, monies, securities, documents or articles whatsoever devolving to an heir, legatee, testamentary executor, fiduciary, administrator or other representative of a deceased person or of his or her consort, shall effect the surrender or delivery, payment, exchange, or transfer thereof.

However, when the deceased was domiciled in Québec, such a depositary, without awaiting the production of the aforesaid certificate may pay or remit out of a deposit of money, a sum not exceeding one thousand dollars, provided he or it shall immediately notify in writing the Minister.

Such sum shall remain subject to all the other provisions of this act and must be included in the declaration required by section 40;

(e)  No registrar may enter in his books the transmission or transfer of any immoveable property belonging to any deceased person at the time of his death or of any debt affecting in favour of such deceased person any immoveable property by privilege or hypothec, nor the discharge of any such debt, and the certificate of the Minister must, previous to such entry or mention being made, be deposited in the office of the registrar to be kept therein and, save in the case of cancellation of real rights, noted in the index of immoveables;

(f)  No insurer may make a valid payment of the amount due by reason of a death; but, if the insurer has a business office in Québec, it may, without waiting for the payment of the duties and the issuance of the certificate prescribed in section 55, pay to the consort, son or daughter, father or mother, son-in-law or daughter-in-law, stepson or stepdaughter of the deceased, domiciled in Québec, a sum not exceeding seven thousand dollars, but the sum so paid shall remain subject to all the other provisions of this act.

The Minister of Revenue, may, on such conditions as he may deem advisable, authorize any operation contemplated in this section, if the same is required for paying duties imposed by this act or debts of the estate.

R. S. 1964, c. 70, s. 45; 1972, c. 29, s. 26; 1973, c. 17, s. 169.