When a person who has neither a spouse nor children dies, certain rules will apply for liquidation of the estate.
According to Quebec law, a husband or wife must be legally married to be able to inherit in the absence of a will.
These rules will differ greatly if the deceased had made a will or not.
Death with a will of a person without a spouse and without child(ren)
If the deceased had made a will in one of the three forms of will recognized in Quebec, the will will normally indicate who will be responsible for the estate and its distribution, as well as the responsibility for liquidating the estate.
Thanks to his/her will, the deceased will have chosen one or more universal legatees, legatees in a universal capacity, or private legatees.
The presence of a will, provided it is notarized or verified (for holograph wills and wills made in the presence of witnesses including wills received by a lawyer), greatly facilitates the process of liquidating the estate of a person who has died without a spouse or children.
Death without a will of a person without a spouse and without child(ren)
When a person dies without having made a will, while leaving no married spouse or child, his/her property will revert to his/her parents and siblings.
If the parents and siblings of the deceased are also deceased, his/her property will revert to his/her nephews and nieces.
In the event that the deceased no longer has a living close family, his/her property will revert to his/her uncles and aunts. In the absence of the latter, his/her property will revert to his/her cousins.
Death without a will of a person whose estate has no heirs
In the rare cases where the estate of a deceased has no known heir, the estate is said to be “unclaimed”, and it reverts to the State. Revenu Québec will then take charge of such an estate.
Get support in the process of liquidating an estate
Mtre Mona Salehi and her team will support you in the liquidation of a Quebec-based estate or an international estate (with ties to the deceased’s estate in Quebec).
