Can an heir be required to repay part of their inheritance to pay creditors?

Yes, in certain circumstances. An heir who has already received property or an advance from the estate may be required to contribute to the payment of an outstanding estate debt.

This situation can occur in particular when an heir has received an advance payment before the end of the liquidation and the sums kept to pay certain creditors turn out to be insufficient.

During the liquidation of the estate , the Civil Code of Quebec provides, in particular, for remedies in the following situations:

• when a known creditor has been omitted in the payments made by the liquidator;
• when a previously unknown creditor comes forward after regular payments have been made, subject to certain conditions and deadlines;
• when the provision provided for in a payment proposal proves insufficient to settle a debt.

Depending on the circumstances, creditors may then take action against heirs who have received advance payments or against certain specific legatees. These actions are subject to the conditions and limitations provided by law.

After the liquidation , creditors whose claims remain unpaid may also exercise certain legal remedies against the heirs.

When there are several heirs, each is generally liable for the debts of the estate in proportion to the share he receives in the estate, subject to the exceptions provided by law, particularly in matters of indivisible debts.

This does not necessarily mean that the heir must physically return the property he received. He may instead be required to contribute financially to the repayment of the debt.

In principle, an heir's liability is limited to the value of the assets they inherit. However, certain situations provided for in the Civil Code of Québec, particularly failure to comply with certain formalities relating to the inventory or liquidation, may result in greater liability.

The distribution of assets or the payment of advances before the end of the liquidation must therefore be carried out with caution, particularly when certain debts are disputed, uncertain or likely to be discovered later.