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C-25 - Code of Civil Procedure
Section 116
Disposition versions
116. Heirs, legatees by particular title and successors are summoned by service on the liquidator of the succession; however, where the liquidator is unknown or cannot be identified in due time, they may be summoned collectively, without mention of their names or places of residence.
The heirs are required to give written notice of the name and address of the liquidator to the opposite party; proceedings drawn up before service of the notice are valid, unless the court, on an application by the liquidator, decides otherwise; those drawn up afterwards are invalid, since the proceeding is suspended until it is continued by the liquidator in office.
The heirs and legatees by particular title of a person whose succession opens outside Québec who have not registered a declaration of transmission pursuant to article 2998 of the Civil Code may be summoned collectively in any immovable real action relating to the succession.
116. The heirs of a person deceased within the previous two years or for two years or more, may, though in the latter case with leave from the judge, be summoned collectively, without mentioning their names or residences.
The heirs of a person whose succession opens outside Québec, who have not registered within three months the declaration of transmission required by article 2098 of the Civil Code, may be summoned collectively in any immoveable real action relating to the estate.
116. The heirs of a person deceased within the previous two years may be summoned collectively, without mentioning their names or residences.
The heirs of a person whose succession opens outside Québec, who have not registered within three months the declaration of transmission required by article 2098 of the Civil Code, may be summoned collectively in any immoveable real action relating to the estate.
