Bijural Terminology Records

Common Law
executor or administrator of the estate
Civil Law
liquidator of the succession
Title of the Legislative Text
Bankruptcy and Insolvency Act, R.S., c. B-3
Provision

  44. (2) After service of a petition for a receiving order on the legal personal representative of a deceased debtor, he shall not make payment of any moneys or transfer any property of the deceased debtor, except as required for payment of the proper funeral and testamentary expenses, until the petition is disposed of, otherwise, in addition to any penalties to which he may be subject, he is personally liable therefor.

Problem

The expressions "testamentary executor/exécuteur testamentaire" are obsolete in civil law and have been replaced in the Civil Code of Québec by "liquidator of the succession/liquidateur de la succession" . For common law in English, the expression "legal personal representative" should be replaced by "executor or administrator of the estate" as the equivalent for "exécuteur testamentaire" . This expression is retained, however, as it is appropriate for common law in French.

Solution

In the English version, the terms "liquidator of the succession" are added, and the terms "legal personal representative" are replaced by "executor or administrator of the estate" . In the French version, the terms "liquidateur de la succession" are added.

Harmonized Provision

  44. (2) After service of an application for a bankruptcy order on the executor or administrator of the estate of a deceased debtor, or liquidator of the succession of a deceased debtor, the person on whom the order was served shall not make payment of any moneys or transfer any property of the deceased debtor, except as required for payment of the proper funeral and testamentary expenses, until the application is disposed of; otherwise, in addition to any penalties to which the person may be subject, the person is personally liable for the payment or transfer.

Federal Law-Civil Law Harmonization Act, No. 2, S.C. 2004, c. 25, s. 28.

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