Descendants' inheritance with children and grandchildren? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Legal devolution or dispositions in a will > The deceased having left descendants (children and grandchildren).

The deceased having left descendants (children and grandchildren).

The Civil Code of Quebec contains provisions governing the distribution of property of a person deceased without a Will by favoring at first the closest relatives of the deceased and then by gradually including more distant relatives of the deceased. All of these provisions are known under the name of legal devolution.

The first question to ask within the framework of the settlement of the succession of a person deceased without a Will is whether the latter had a spouse with who he was married or in a civil union and children.

In this case, the surviving spouse, married or in a civil union with the deceased, will receive 1/3 of the deceased's patrimony. The children of the deceased will receive, as for them, 2/3 of the deceased's patrimony. This portion of the deceased's patrimony will have to be shared by taking into consideration the number of children of the deceased. The grandchildren can have rights in the succession of their deceased grandparents if their own parent (thus a child in the first degree of the deceased) died before them.

If the deceased leaves only children, the latter will receive, between them, all of the deceased's patrimony.

These tables allow you to determine the heirs in the case of a death without a Will

 

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