Bijural Terminology Records

Common Law
legatees
Civil Law
legatees, legatees by particular title
Title of the Legislative Text
Federal Real Property Act, S.C. 1991, c. 50 (title changed to Federal Real Property and Federal Immovables Act by the Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 10)
Provision

  20. A Crown grant that is issued to or in the name of a person who is deceased is not for that reason void, but the title to the real property intended to be granted vests in the heirs, assigns, devisees or other legal representatives of the deceased person according to the laws in force in the province in which the real property is situated as if the grant had issued to or in the name of the deceased person during the person's lifetime.

Problem

In the French version, the term bénéficiaires testamentaires is inappropriate in both civil and common law. In the English version, the term "devisees" is known only to common law.

Solution

The terms "devisees"/bénéficiaires testamentaires are replaced by the terms "legatees"/légataires which are appropriate for both common law and civil law. It is however necessary to add the expression "legatees py particular title"/légataire à titre particulier for civil law purposes, because this type of legacy is not covered by the terms "heirs"/héritiers or "legatees"/légataires.

Harmonized Provision

  20. A Crown grant that is issued to or in the name of a person who is deceased is not for that reason null or void, but the title to the real property or immovable intended to be granted or conceded vests in the heirs, assigns or successors, legatees or legatees by particular title, or other legal representatives of the deceased person according to the laws in force in the province in which the property is situated as if the Crown grant had issued to or in the name of the deceased person during the person's lifetime.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 22

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