Question 563.— A person dies, having a deposit with a bank in the Province of Quebec exceeding three thousand dollars. Can the executor or administrator transfer the amount before succession duties are paid ?

If succession duties were not paid, would the bank be liable for such duties?

Answer.—We are advised in this matter as follows:

(1)   An executor cannot give a valid title before succession duties are paid.

(2)   The bank would not be liable for such duties. But, under certain circumstances, an action in damages would lie against them, if they were knowingly parties to an illegal act, such as the transfer above referred to.