Revised Laws of Saint Lucia (2021)

Section III   Payment of debts

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    677.   An heir who comes alone to the succession is bound to discharge all the debts and liabilities.

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    The same rule applies to a universal legatee.

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    A general legatee is held to contribute in proportion to his share in the succession.

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    A particular legatee is bound only in case of the insufficiency of the other property, and is also subject to hypothecary claims against the property bequeathed; with recourse however against those who are personally responsible.

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    678.   If there be several heirs or several universal legatees, they contribute to the payment of the debts and charges, each in proportion to his or her share in the succession.

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    679.   A general legatee, who takes concurrently with the heirs, contributes to the debts and charges in the same proportion.

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    680.   The obligation resulting from the preceding articles is personal to the heir and universal or general legatees; and upon it is founded a right of action, against each of them respectively on the part of the particular legatees and the creditors of the succession.

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    681.   In addition to the personal action, the heir or universal or general legatee, is responsible hypothecarily for whatever claims affect the immovables included in his or her share; with recourse, however, for the share of those personally responsible, according to the rules applicable to warranty.

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    682.   An heir or universal or general legatee, who, not being personally bound, pays the hypothecary debts charged upon the immovable included in his share, becomes subrogated in all the rights of the creditor against the other coheirs or co-legatees for their share.

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    683.   A particular legatee who pays an hypothecary debt for which he or she is not liable in order to free the immovable bequeathed to him or her, has his or her recourse against those who take the succession, each for his or her share, with subrogation in the same manner as any other person acquiring under particular title.

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    684.   In the event of heirs or legatees exercising their recourse against their coheirs or co-legatees, by reason of a hypothecary debt, the liability of such as is insolvent is divided rateably among all the others, in proportion to their respective shares.

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    685.   The creditors of the deceased and his legatees have a right to a separation of the property of the succession from that of the heirs and from that of the universal and general legatees, unless there is novation. This right may be exercised as long as the property exists in the hands of the latter, or upon the price of the sale, if it be yet unpaid.

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    686.   The creditors of the heir or legatee are not allowed to claim this separation of property, nor to exercise any right of preference, against the creditors of the succession.

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    687.   The creditors of the succession and those of the co-partitioners have a right to be present at the partition if they require it.

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    If the partition be made in fraud of their rights, they may impugn it in the same manner as any other act made to their detriment.