Without a will, your spouse or common-law partner is not an heir, even if you have lived together for several years. There is no law that makes a civil union spouse an heir after 10 years together – this is an urban myth!
If you do not have a will when you die, it will be the Civil Code of Québec that decides who your heirs are and what is the share of each. If you are married or in a civil union at the time of your death, the first step is to share your family patrimony and to apply the rules of your matrimonial regime or your civil union regime of your property.
Who will inherit your property without a will?
Here are the most common cases that show how property will be divided in case of death without a will:
If you are married or a civil union spouse and have children:
Your spouse will receive 1/3 of your property;
Your children will receive equal shares 2/3 of your property;
Your parents, your brothers and sisters do not inherit.
If you have a partner without being married or a civil union spouse, and you have children:
Your children will receive 100% of your property, shared equally;
Your parents, your brothers and sisters do not inherit.
If you have no spouse but have children:
Your children will receive 100% of your property, shared equally;
Your parents, your brothers and sisters do not inherit.
If you are married or a civil union spouse, but you do not have children and your parents are deceased:
Your spouse will receive 2/3 of your property;
Your brothers, sisters will receive 1/3 of your property, shared equally.
If your brothers or sisters are deceased, their shares will be passed down to their children, your nieces and nephews.
If you have no spouse but your parents and brothers and sisters are alive:
Your brothers and sisters will receive 1/2 of your property, shared equally.
If your brothers or sisters are deceased, their shares will passed down to their children, your nieces and nephews;
Your parents will receive 1/3 of your property, shared equally.
In case a parent is deceased, his/her share will be passed on to the other parent.
If you do not have a spouse, your parents are deceased and you have brothers and sisters:
Your brothers, sisters receive 100% of your property, shared equally.
In case of decease of your brothers or sisters, their shares will be passed down to their children, your nieces and nephews.
If you are interested to view the various cases, you can consult Éducaloi’s flow chart.
The notarial will as a solution to protect your family
A notarial will is the best option to protect your beloved ones and to ensure that your wishes are carried out. This short video shows its advantages over a holograph will or a will before witnesses. It has the advantage of being written by a notary who ensures that the document accurately reflects the last wishes of the testator and respects all the conditions of validity required by law. In addition, the notary keeps the original document in a safe place and enters it in the Register of wills of the Chamber of Notaries. Finally, it will be effective and applicable upon death, without a verification procedure (which is not the case of a holograph will or a will made before witnesses).
Mona Salehi Notaire – reliable notary and civil marriage officiant
