It is well known that the Civil Code of Quebec creates obligations and rights for both the father and mother of a child. However, it should not be ignored that the children themselves may also have the right to "financial support as maintenance" in the event of the death of their parent(s).
It is well-known that the Civil Code of Quebec creates obligations and rights for both the father and mother of a child. However, it should not be ignored that the children themselves, upon the death of their parent(s), may be entitled to "financial contribution as support".
Thus, Mr., a widower and father of a first child, designates the latter as the sole heir of all his assets in his will. A few years pass, and Mr., following a common-law union with a new partner, becomes the father of a second child, who is now 11 years old. After this birth, he designates his partner as the beneficiary of a life insurance policy of $420,000, and he subsequently dies suddenly. The partner, as the guardian of the second child, applies to the Court* so that the estate of Mr. may provide the second child with a financial contribution as support.
Under the Civil Code, a descendant, upon the death of one of their parents, is entitled to an amount as support, which cannot exceed half of the sum they could have claimed from the estate, including specific bequests, as if that parent had died without a will. To determine this amount, certain factors must be taken into account, including:
- the needs and abilities of the claimant and those of the other heirs;
- the time required for the claimant to become self-sufficient;
- the benefits received by the claimant from the estate;
- the net assets of the estate;
- the rights of other individuals to support.
When establishing the value of the estate's assets ($511,000), the court refuses to include the amount payable under the life insurance policy, for which Madame is the designated beneficiary, in accordance with the Civil Code which expressly excludes this amount from the estate's assets. Therefore, the court awards the second child the sum of $128,000, which is nearly half of what they would have been entitled to if the father had died without a will.
Thus, the saying "once a father, always a father" takes on its full meaning.
*C.S.540-04-011906-127
