Section 361: Creditor may call upon legatee to refund
The Succession Act · Federal Acts · Part IX · in_force
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A creditor who has not received payment of his debt may call upon a legatee who has received payment of his legacy to refund, whether the assets of the testator’s estate were or were not sufficient at the time of his death to pay both debts and legacies ; and whether the payment of the legacy by the executor or administrator was voluntary or not.
Related sections
Section 360: Distribution of assetsSection 362: When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refundSection 359: When each legatee compellable to refund in proportionSection 363: When unsatisfied legatee must first proceed against executor, if solventSection 358: Refund when legacy has become due on performance of condition within further time allowed under section 137Section 364: Limit to refunding of one legatee to another
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