If I die without a will does my de facto spouse inherit?
Short answer
In Quebec, a de facto spouse who is not in a parental union does not inherit where there is no will. If you are in a parental union, your spouse is entitled to one third of your succession and your children share the other two thirds.
In detail
This is one of the most concrete changes brought in by the parental union regime. The official FAQ puts it this way: “Yes, if you are in a parental union, your spouse will be entitled to 1/3 of your succession and your children will share 2/3 of your succession. If you wish to change those proportions, a will is still necessary.”
The regime does not prevent you from leaving your property to whomever you wish. But the FAQ notes an important consequence: your spouse in a parental union “will nonetheless be entitled to half of the divisible value of the property included in the parental union patrimony. Your heirs will therefore owe a debt to your spouse.”
Also worth noting: the death of one of the spouses puts an end to the parental union.
What to document
An up-to-date list of your property and your debts, the documents establishing the date the parental union began, and the original of your will if there is one (along with where it is kept). If you signed an act of withdrawal from the parental union patrimony, keep it: it changes what your spouse will be able to claim.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Gouvernement du Québec — The parental union: frequently asked questions (official PDF)
- Ministère de la Justice du Québec — Partition of the family patrimony and liquidation of the matrimonial regime
Related questions
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- Can I move with my child without the other parent's consent?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.