The family heritage only grants a general and personal right of claim, and this right can only be exercised against the spouse or their estate.
The death of a person sometimes creates conflicts between potential heirs, especially if there is an "ex" and a new spouse.
Mr. and Mrs. cease cohabitation. Three days later, divorce proceedings are initiated. Over six years go by, Mr. dies without the divorce judgment being rendered. The only shareable asset at the time of the death is an RRSP held with an insurance company, of which Miss, Mr.'s new common-law partner, is the designated revocable beneficiary.
Even though Mrs. informs the insurance company that the divorce has not been granted, the company grants the proceeds of the RRSP to Miss, the designated beneficiary.
Mrs. then turns to the Court*, claiming from Miss and the insurance company her share of the family patrimony in the RRSP. The court, after ruling that the family patrimony only confers a general and personal claim right, states that this right can only be exercised against Mr. or his estate. By designating a specific beneficiary, as allowed by the Civil Code of Québec, Mr. has therefore excluded his RRSP from his estate.
Mrs. could not claim the proceeds of the RRSP from Miss, the specific beneficiary. Since Mr. has passed away, the court concludes that Mrs. should have turned to Mr.'s heirs to assert her claim right.
All remedies are good, as long as the lawyer selects the right one.
*CA Québec 200-09-004013-022, 2003-02-27
