Intestate Succession in Quebec (Dying Without a Will)

Intestate Succession in Quebec (Dying Without a Will)
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If a person passes away without a will in Quebec, their estate is distributed according to the rules of intestate succession, as outlined in the Civil Code of Quebec. This means the estate is settled based on legal defaults rather than personal wishes.

In such cases:

• The heirs collectively act as the liquidator of the estate unless one is officially appointed.
• The estate is inherited only by:
  • The legal spouse or civil union partner of the deceased;
  • Individuals related by blood or adoption.

Common-law partners and in-laws are not considered heirs under Quebec law. In some rare circumstances, even a child conceived from a sexual assault may inherit, despite no legal filiation.
Key Rules for Intestate Succession in Quebec:

1. If there is a legal spouse and children:
   • The spouse receives one-third of the estate.
   • The children receive the remaining two-thirds.
2. If there are no children but the deceased leaves parents:
   • The spouse receives two-thirds.
   • The deceased’s parents receive one-third (siblings do not inherit in this case).
3. If there are no children or living parents, but the deceased has siblings:
   • The spouse receives two-thirds.
   • The siblings or their children (nieces and nephews) receive one-third.
4. If there are children but no surviving spouse:
   • The entire estate goes to the children.
5. If there is no spouse and no children:
   • The estate is divided among the deceased’s parents, siblings, or their descendants.
   • If none exist, other blood relatives may inherit.

A marriage contract or civil union agreement may also contain a “Surviving Spouse” clause, granting the entire estate to the surviving spouse. This clause overrides default rules.
For more information, visit Justice Québec.