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CCQ updated on

  • 2011.08.25

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Table of Contents

Book three - Successions

Title two - Transmission of successions

Chapter iii - The right of option

Division ii - Acceptance

Section 638

638. A succession devolving to a minor, to a protected person of full age or to an absent person is deemed to be accepted, except where it is renounced within the time for deliberation and option,
 1) in the case of an unemancipated minor, a person of full age under tutorship or curatorship or an absent person, by the representative of the successor with the authorization of the tutorship council;
 2) in the case of an emancipated minor or person of full age who requires assistance, by the successor himself, assisted by his tutor or his adviser.
In no case is the minor, the protected person of full age or the absent person liable for the payment of debts of the succession amounting to more than the value of the property he receives.
[1991, c. 64, a. 638].

Supreme Court of Canada

  1. G. (L.) v. B. (G.), 1995 CanLII 65 (S.C.C.), 1995-09-21