Acts and Regulations

D-9 - Devolution of Estates Act

Full text
Rights respecting purchase, liability respecting conveyance
14(1)A person purchasing real property in good faith and for value from the personal representative, or from a person beneficially entitled thereto to whom the same has been conveyed by the personal representative, holds the same freed and discharged from all debts or liabilities of the deceased owner, except such as are specifically charged thereon otherwise than by his will, and where the purchase is from the personal representative, freed and discharged from all claims of the persons beneficially interested.
14(2)Real property that has been conveyed by the personal representative to a person beneficially entitled thereto or that vests in such person under section 19 shall continue to be liable to answer the debts of the deceased owner so long as it remains vested in that person or in any person claiming under him not being a purchaser in good faith and for value, as it would have been if it had remained vested in the personal representative, and in the event of a sale or mortgage thereof in good faith and for value by such person beneficially entitled he shall be personally liable for the debts to the extent to which such real property was liable when vested in the personal representative, but not beyond the value thereof.
R.S., c.62, s.14
Rights of B.F.P. respecting purchase of property
14(1)A person purchasing real property in good faith and for value from the personal representative, or from a person beneficially entitled thereto to whom the same has been conveyed by the personal representative, holds the same freed and discharged from all debts or liabilities of the deceased owner, except such as are specifically charged thereon otherwise than by his will, and where the purchase is from the personal representative, freed and discharged from all claims of the persons beneficially interested.
Liability of beneficiary respecting conveyance of property
14(2)Real property that has been conveyed by the personal representative to a person beneficially entitled thereto or that vests in such person under section 19 shall continue to be liable to answer the debts of the deceased owner so long as it remains vested in that person or in any person claiming under him not being a purchaser in good faith and for value, as it would have been if it had remained vested in the personal representative, and in the event of a sale or mortgage thereof in good faith and for value by such person beneficially entitled he shall be personally liable for the debts to the extent to which such real property was liable when vested in the personal representative, but not beyond the value thereof.
R.S., c.62, s.14