The Civil Code of Québec contains provisions governing the distribution of the property of a person who dies without a will, first favouring the deceased's closest relatives and then progressively including more distant relatives. These provisions are collectively known as intestate succession.
Thus, in the case of a person who dies without a married spouse, civil union or parental union, or descendant, the Civil Code of Quebec favours the privileged ascendants and the privileged collaterals of the deceased person.
The legal devolution provisions of the Civil Code of Québec first address the scenario where heirs are found in both privileged ascendants and privileged collateral relatives. In this case, each group will receive half (1/2) of the estate. The distribution within each group will be based on the number of members in each group.
Furthermore, if one of the groups is inactive, the other group will receive the entire estate of the deceased. Thus, if both the father and mother of the deceased predeceased them at the time the estate was opened, the privileged collateral heirs entitled to inherit will receive the entire estate.
These tables allow you to determine the heirs in the event of death without a will.
