Published on September 08, 2025
A type of legacy refers to the way in which property is transferred by will in Quebec. The Civil Code provides for three main forms: the universal legacy, the legacy by general title, and the particular legacy. Each type of legacy carries different legal effects, particularly with respect to the division of the estate, the debts to be assumed, and the rights of the heirs. Fully understanding each type of legacy helps avoid misunderstandings and allows for effective estate planning.
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What is a “legacy”?
A legacy in Quebec law is the act of giving property to someone through a will. For example, a person may write in their will that they leave their car to their daughter or a sum of money to a friend. A legacy therefore allows the transfer of several assets to different people after the testator’s death. It can involve various things: a house, a sum of money, a car, etc. Understanding the scope of each type of legacy is essential to fully grasp the rights and obligations that result from it.
Types of legacies
Under the Civil Code of Quebec, there are three types of legacies (art. 731 C.C.Q.): the universal legacy, the legacy by general title, and the particular legacy.
1. Universal Legacy
“A universal legacy is one that gives one or several persons the right to receive the entire succession.” (art. 732 C.C.Q.). In other words, the person who receives a universal legacy becomes the owner of everything in the estate: movable and immovable property, rights, etc. However, it should be noted that the universal legatee also inherits the deceased’s debts, since they receive “the entire patrimony,” including both assets and liabilities.
Example :
“I leave all my property to my spouse.”
2. Legacy by General Title
“A legacy by general title is one that gives one or several persons the right to receive :
1° Ownership of a share of the succession;
2° A dismemberment of the right of ownership of all or part of the succession;
3° Ownership or a dismemberment of that right in all or part of the universality of immovables or movables, of private property, community or acquests, or of corporeal or incorporeal property.” (art. 733 C.C.Q.)
In other words, the legacy by general title concerns a defined portion of the estate, but covers the entirety of that portion (unlike the universal legacy). The legatee by general title thus receives a fraction or a category of the estate’s assets.
Example :
“I leave half of all my property to my son.”
3. Particular Legacy
“Any legacy that is neither universal nor by general title is by particular title.” (art. 734 C.C.Q.)
In other words, the particular legacy concerns a specific asset or a defined set of assets. The particular legatee receives only what is assigned to them in the will.
Example :
“I leave my car to my daughter.”
Unlike universal legatees or those by general title, the particular legatee does not have to assume the estate’s debts, unless the will provides otherwise. They simply receive the asset assigned to them, provided that it still exists in the deceased’s patrimony at the time of death.
Conclusion
It is important to know that a legacy may be modified or revoked at any time by the testator. A legacy provision is therefore never final and takes effect only upon their death. Since each type of legacy carries different legal consequences, it is essential to understand their impacts. For further clarification, do not hesitate to consult our lawyers.